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Daley v. Hoagbin8/30/2000
owman does not know whether defendant's failure to diagnose or treat plaintiff's injuries was a substantial factor in producing or increasing the injuries suffered. Accordingly he testified, "I just don't know".
When a jury is left to speculate on whether the defendant's conduct in fact caused the plaintiff's damages, the evidence is insufficient to support a finding of proximate cause. Hasselman v. Hasselman, 596 N.W.2d 541, 546 (Iowa 1999); see also Gerst, 549 N.W.2d at 818-19 (holding the district court properly granted summary judgment to the defendants when plaintiffs' evidence required the jury to speculate as to whether the plaintiffs' damages would not have occurred but for the defendants' conduct); Blackhawk Bldg. Sys., Ltd. v. Law Firm of Aspelmeier, Fisch, Power, Warner & Engberg, 428 N.W.2d 288, 290 (Iowa 1988) (holding " jury cannot be left to speculate, but rather, must be provided with facts affording a reasonable basis for ascertaining the loss.") Accordingly, summary judgment was properly granted to defendant. The judgment of the district court is affirmed.
AFFIRMED.
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