Attorneys Mark Thomas and Emma Steffen recently secured a favorable jury verdict at trial defending a negligent driver on damages. The plaintiff brought suit for injuries he suffered after defendant hit him with her car while he was walking his dog across the street. Plaintiff’s dog was killed as a result of the accident. Plaintiff requested past and future pain and suffering, past and future loss of full mind and body, past and future medical expenses, as well as compensation for the loss of his pet. Defendant admitted fault for the accident.
Thomas and Steffen argued that plaintiff could not recover emotional damages or replacement cost related to the loss of his pet and that under Iowa Law, he was limited to the fair market value of the dog prior to the accident. The Court agreed and instructed the jury as such. It was further argued that the majority of plaintiff’s claimed injuries were pre-existing and/or unrelated to the accident and all injuries plaintiff sustained from the accident had resolved.
Plaintiff requested a total of $205,127.88. Thomas and Steffen requested the jury award no more than $25,000.00. Ultimately, the jury came back with a verdict awarding plaintiff a total of $19,347.12. This verdict included no award for future medical expenses, future pain and suffering, past loss of full mind and body, or future loss of full mind and body.
Plaintiff filed a motion for additur or new trial asserting that the jury’s award was unreasonable given the evidence in the case. Thomas and Steffen defendant resisted. The Court denied plaintiff’s Motion.