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Case No. 18-0566

Marsha Whitlow
v.
Ron McConnaha, Jodi McConnaha, and Timothy Newton

Ron and Jodi McConnaha seek further review after the court of appeals reversed the trial court’s partial denial of the plaintiff’s motion for new trial and remanded for a new trial as to all defendants. The McConnahas claim the trial court did not abuse its discretion in denying the motion for new trial as to the McConnahas, as the jury unanimously found the McConnahas were not at fault. They further claim the plaintiff waived any argument that the verdict was inconsistent by failing to object to the verdict form.

County:
Muscatine
Trial Court Case No.:
LACV023538

Resisters

Marsha Whitlow

Applicants

Ron McConnaha, Jodi McConnaha, and Timothy Newton

Attorneys for Resisters

Pressley Henningsen
Benjamin P. Long

Attorneys for Applicants

Patrick L. Woodward
Ryan F. Gerdes

Supreme Court

Oral Argument Schedule

Non-Oral

Oct 22, 2019 1:00 PM Iowa Supreme Court Courtroom

Briefs

Supreme Court Opinion

Opinion Number:
18-0566
Date Published:
Nov 08, 2019

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0566
Date Published:
May 01, 2019
Summary

            Appeal from the Iowa District Court for Muscatine County, Stuart P. Werling, Judge.  REVERSED AND REMANDED.  Heard by Mullins, P.J., and Potterfield and Tabor, JJ.  Opinion by Tabor, J.  (13 pages)

            Marsha Whitlow, plaintiff in a comparative-fault action against two defendants, appeals the denial of her motion for mistrial and motion for new trial.  The verdict form wrongly instructed the jury to stop answering special interrogatories after it found for the first defendant, thus the jury did not render a verdict as to the second defendant.  Whitlow alleges this constituted a hung jury or inconsistent verdicts warranting a new trial.  Although the court did order new trial as to the second defendant, the plaintiff contends both defendants must be retried.  OPINION HOLDS: We agree the incomplete verdict requires a new trial involving both defendants. 

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