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Brian Andreesen
v.
Chicago, Central & Pacific Railroad Company, d/b/a Canadian National Railway Company
Appellant
Brian Andreesen
Appellee
Chicago, Central & Pacific Railroad Company, d/b/a Canadian National Railway Company
Attorneys for the Appellant
Fredric A. Bremseth
Robert M. Livingston
Attorneys for the Appellee
R. Todd Gaffney and Kellen B. Bubach
Charles H. Russell, III
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge. AFFIRMED. Heard by Tabor, P.J., and Mullins and Schumacher, JJ. Opinion by Mullins, J. (12 pages)
Brian Andreesen appeals the district court’s denial of his motion for a new trial following a civil jury verdict in favor of the defendant, a railroad company. He generally challenges the propriety of the instructions the district court provided to the jury concerning the statute of limitations and discovery rule. OPINION HOLDS: We affirm the court’s use of the term “symptoms” in its jury instructions as a correct statement of the law. We find the court’s preceding use of the term “first” to be error. However, we find the instructional error harmless and thus affirm the denial of the motion for a new trial.
