Miller v. Eichhorn
426 N.W.2d 641 · Court of Appeals of Iowa · 1988
Facts
Plaintiff Connie Miller was injured in a car accident when Defendant Harold Eichhorn backed his car from his driveway into the street, colliding with her vehicle. A jury awarded Miller $3,569.70, found her 15% at fault, and Eichhorn 85% at fault, but awarded no damages to her husband for loss of consortium. Miller appealed, claiming inadequate damages and errors in jury instructions.
Issue
Did the trial court err by refusing a new trial for inadequate damages, by instructing the jury on mitigation of damages and plaintiff's fault, and by refusing a sudden emergency instruction, given the evidence presented?
Holding
The appellate court affirmed the trial court's decision, finding no error in the damage award, the instruction on mitigation of damages, the instruction on plaintiff's fault, or the refusal to give a sudden emergency instruction.
Rule
A jury is not required to accept uncontradicted testimony if it finds it unreliable, and the trial court has discretion in ruling on new trial motions for inadequate verdicts. Unreasonable failure to mitigate damages constitutes "fault" under Iowa's comparative fault statute. A sudden emergency instruction is not always necessary, as the general instructions on reasonable care under the circumstances can adequately cover the issue, especially in comparative negligence cases.
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