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Simonson and Roby v. Cutty's Des Moines Camping Club
Brian Simonson,
Plaintiff-Appellant
vs.
Cutty's Des Moines Camping Club, Inc.,
Defendant-Appellee
________________________
Andrew Roby,
Plaintiff-Appellant
vs.
Cutty's Des Moines Camping Club, Inc.,
Defendant-Appellee
Attorney for Appellants
Bruce H. Stoltze
Billy J. Mallory
Attorney for Appellee
Scott Wormsley
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge. REVERSED AND REMANDED. Heard by Vaitheswaran, P.J., and Tabor and Schumacher, JJ. Opinion by Vaitheswaran, P.J. (14 pages)
Plaintiffs appeal from the judgment entered upon a jury verdict awarding them damages on their negligence action against the defendant, raising several claims. OPINION HOLDS: Because the instructions and verdict forms failed to explain the import of a dismissed third-party defendant’s inclusion, we conclude they were misleading and the plaintiffs were prejudiced. We reverse and remand for new trial. In light of our reversal and remand for retrial on the allocation-of-fault question, we find it unnecessary to address the remaining issues.
