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Case No. 19-0967

For summaries from opinions prior to August, 2018, view PDF versions here

Jeffrey Robert Behle
v.
Abbie Lynn Youngwirth and Joseph Youngwirth

Appellant

Jeffrey Robert Behle

Appellee

Abbie Lynn Youngwirth and Joseph Youngwirth

Attorneys for Appellant

Matt J. Reilly

Attorneys for Appellee

Rene C. Lapierre and Brian L. Yung

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0967
Date Published:
Oct 21, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  Special Concurrence by Greer, J.  (11 pages)

            In this personal injury case, the jury answered “yes” to the question: “Was the fault of Abbie Youngwirth a cause of any item of damage to Jeffery Behle?”  The jury assessed each party with 50% fault.  It entered “$0” for each item of damage listed on the verdict form.  Behle moved for a new trial asserting the verdict was inadequate and inconsistent.  The district court denied the motion and Behle appealed.  OPINION HOLDS: Because we cannot reconcile the jury’s special findings, we must reverse its verdict as to damages.  SPECIAL CONCURRENCE ASSERTS: I agree that the verdict is inconsistent.  I specially concur because a sealed verdict in today’s world does not stand in the way of the use of additional deliberations to address an inconsistent verdict and, in my view, should be a preferred option.

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