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Case No. 18-1416

Harold Youngblut
v.
Leonard Youngblut

In this tortious interference with a bequest or inheritance case, the jury returned a verdict in Harold Youngblut’s favor and against his brother, Leonard Youngblut, in the amount of $596,086.88 plus interest. Leonard argues: (1) Harold’s tortious interference claim fails as a matter of law because he chose to embrace the 2014 will and accept all of its benefits rather than file a timely contest of the 2014 will; (2) regardless of Huffey v. Lea, 491 N.W.2d 518 (Iowa 1992), and Frohwein v. Haesemeyer, 264 N.W.2d 792 (Iowa 1978), Harold’s acceptance of the benefits of the 2014 will without filing a will contest establishes the affirmative defense that Harold, as a matter of law, is estopped from claiming the same 2014 will was tortiously procured; and (3) the district court erred in refusing to apply a pro tanto credit for settlement payments made by other defendants before trial thereby allowing an actual recovery that was greater than the jury’s assessment of damages.

County:
Black Hawk
Trial Court Case No.:
CVCV127065

Appellees

Harold Youngblut

Appellants

Leonard Youngblut

Attorneys for Appellees

David J. Dutton
Nathan J. Schroeder

Attorneys for Appellants

Philip A. Burian
Robert S. Hatala

Supreme Court

Oral Argument Schedule

15-15-5

Jan 22, 2020 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
18-1416
Date Published:
Jun 12, 2020

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