Skip to main content
Iowa Judicial Branch
Main Content

Case No. 19-1983

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.

County:
Polk

Applicants

Robyn Mengwasser

Resisters

Joseph Comito and Capital City Fruit Company

Attorneys for Applicants

Bruce H. Stoltze
John Q. Stoltze
Jeff Carter
Zachary C. Priebe

Attorneys for Resisters

Jeffrey D. Ewoldt
Jessica A. Eglseder

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1983
Date Published:
Apr 14, 2021
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.

Other Information

Date Retained:
Jun 29, 2021
© 2022 Iowa Judicial Branch. All Rights Reserved.