Robyn Mengwasser
v.
Joseph Comito and Capital City Fruit Company
Plaintiff appealed from a district court ruling denying her motion for a partial new trial following a jury verdict awarding her a portion of her claimed damages in her personal injury action. Plaintiff contended the district court erred by (1) limiting testimony from one of her treating physicians for failing to adequately disclose the substance of his opinions prior to trial; (2) refusing to submit an eggshell plaintiff jury instruction; (3) refusing to grant a partial new trial on the grounds the verdict was inconsistent; (4) granting defendant’s second motion in limine and excluding evidence of medical treatment received by plaintiff shortly before trial; and (5) granting in part defendant’s post-trial application for taxation of costs under Iowa Code chapter 677 (2019). The court of appeals affirmed. Plaintiff seeks further review.
Applicant
Robyn Mengwasser
Resister
Joseph Comito and Capital City Fruit Company
Attorneys for the Applicant
Bruce H. Stoltze
John Q. Stoltze
Jeff Carter
Zachary C. Priebe
Attorneys for the Resister
Jeffrey D. Ewoldt
Jessica A. Eglseder
Supreme Court
Oral Argument Schedule
Non-Oral
Dec 15, 2021 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge. AFFIRMED. Heard by May, P.J., and Greer and Schumacher, JJ. Opinion by Greer, J. (23 pages)
Robyn Mengwasser appeals the denial of her motion for a partial new trial. This appeal follows a jury trial on her personal injury claim against appellees, Joseph Comito and Capital City Fruit Company. Supporting her request for a new trial on damages only, Mengwasser presents five claims of error; (1) limiting the testimony of Dr. Randy Dierenfield; (2) refusing to submit an eggshell plaintiff instruction to the jury; (3) refusing to grant a partial new trial on the basis the jury verdict was logically inconsistent; (4) granting Comito’s second motion in limine, excluding evidence of medical treatment Mengwasser received shortly before trial; and finally, (5) granting in part Comito’s post-trial application for taxation of costs under Iowa Code Chapter 677 (2019). OPINION HOLDS: We affirm the district court’s denial of Mengwasser’s motion for a partial new trial.