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Case No. 15-0943

Shari Kinseth and Ricky Kinseth, Coexecutors of the Estate of Larry Kinseth, Deceased, and Shari Kinseth Individually
v.
Weil-McLain and State of Iowa ex rel. Civil Reparations Trust Fund

The defendant appealed from an adverse jury verdict in a negligence/product liability case arising from the decedent’s exposure to asbestos. The defendant argued: (1) the trial court erred in failing to include three released parties on the verdict form; (2) the award of punitive damages should be vacated; and (3) it was prejudiced by the admission of evidence of an OSHA citation, by evidence of the decedent’s exposure to asbestos while tearing out Weil-McLain boilers (even though such exposure was noncompensable under the Iowa Statute of Repose), and by the plaintiffs’ improper closing argument. In their cross-appeal the plaintiffs argued the trial court erred in allowing the apportionment of fault to bankrupt entities. The court of appeals found the district court abused its discretion in denying the defendant’s motions for mistrial due to statements made by the plaintiffs’ counsel during closing arguments in violation of the court’s motion in limine order. The court of appeals reversed and remanded for a new trial.

County:
Wright
Trial Court Case No.:
LACV022887

Applicant

Shari Kinseth and Ricky Kinseth, Coexecutors of the Estate of Larry Kinseth, Deceased, and Shari Kinseth Individually

Resister

Weil-McLain and State of Iowa ex rel. Civil Reparations Trust Fund

Attorneys for Applicant

James H. Cook, Lisa W. Shirley, Misty A. Farris, Jay E. Stuemke, David C. Greenstone, and Kevin W. PaulJames H. Cook, Lisa W. Shirley, Misty A. Farris, Jay E. Stuemke, David C. Greenstone, and Kevin W. Paul

Attorneys for Resister

William R. Hughes Jr., Robert M. Livingston, Richard C. Godfrey, Scott W. Fowkes, Howard M. Kaplan, Ryan J. Moorman, Edward J. McCambridge, and Jason P. Eckerly for Weil-McLain. Richard E. Mull for State of Iowa ex rel. Civil Reparations Trust Fund

Supreme Court

Oral Argument Schedule

15-15-5

Dec 12, 2017 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
15-0943
Date Published:
Jun 01, 2018
Date Amended:
Aug 10, 2018

Court of Appeals

Court of Appeals Opinion

Opinion Number:
15-0943
Date Published:
Apr 19, 2017

Other Information

Date Further Review is Granted:
Aug 30, 2017
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