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Case No. 19-1001

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

Angela Marie Clark
v.
Darryl Lee Downs and Jennifer D. Downs

Appellant

Angela Marie Clark

Appellee

Darryl Lee Downs and Jennifer D. Downs

Attorneys for Appellant

Daniel P. Kresowik and Billy J. Mallory

Attorneys for Appellee

William H. Larson

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1001
Date Published:
Jun 03, 2020
Summary

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (18 pages)

            Angela Clark brought suit against her neighbors, Darryl and Jennifer Downs, for trespass and harassment.  Clark had some success at trial, but she appeals the jury verdict, claiming that the district court made several errors during the trial.  Clark asserts the trespass instruction should have required the jury to award damages because of the admission of trespass, the court erred by not instructing on spoliation of photographic evidence, the court abused its discretion by failing to grant a permanent injunction prohibiting trespassing, and, finally, the court erred by denying the motion for additur or new trial based on an inadequate verdict.  OPINION HOLDS: Under the specific facts of this case, we find any error in the instructions was harmless, the instruction on spoliation was not warranted, the district court did not abuse its discretion by failing to grant a permanent injunction prohibiting trespassing, and, finally, the court properly denied the motion for additur or new trial.

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