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Koresh v. Peters9/27/2000
Appeal from the Iowa District Court for Mitchell County, Bryan H. McKinley, Judge.
Personal injury plaintiff appeals following the trial court's denial of her motion for new trial. AFFIRMED.
Personal injury plaintiff, Amy Koresh, appeals following a jury trial in which she was awarded $2,742.45 in damages. We find the jury verdict is not so shocking or contrary to the evidence as to make the trial court's failure to grant a new trial an abuse of discretion. We affirm.
Background facts.
On the night of January 23, 1997, Koresh, a passenger in Jerri Dugan's vehicle, was injured when the Dugan truck was struck from behind by Joe Peters' vehicle. Koresh sustained neck and back injuries from the impact. She sought medical treatment following the incident, including emergency care, three office visits to her physician, and chiropractic treatment for about one year. She was unable to work for a period of approximately two months following the accident. She commenced a lawsuit to recover damages including medical costs, loss of income, and pain and suffering incurred from the accident. The jury found each driver partially liable for the accident. They awarded Koresh $700 for her medical expenses, $1,942.45 for loss of income , and $100 for pain and suffering. Koresh moved for a new trial, alleging the verdict was contrary to the evidence submitted and it failed to administer justice. The trial court denied the motion and Koresh now appeals.
Scope of review.
We review a ruling on a motion for new trial for an abuse of discretion. Kuta v. Newberg, 600 N.W.2d 280, 284 (Iowa 1999). If a jury verdict is not supported by sufficient evidence and the verdict fails to effectuate substantial justice, a new trial may be ordered. Thompson v. Rozeboom, 272 N.W.2d 444, 446 (Iowa 1978). The reason for granting a new trial must fairly appear in the record. Id.
New trial.
Koresh asserts the award is inadequate to compensate her for the damages incurred as a result of the car accident. Koresh alleges she incurred $4,550.68 in past medical expenses and will require chiropractic treatment in the future. She further alleges she suffered extreme physical and mental pain from her injuries and the jury award fails to administer justice. Koresh claims the jury verdict of $700 for medical expenses and $100 for pain and suffering was contrary to the medical testimony and evidence submitted regarding her past physical and mental pain and suffering.
Our appellate courts have previously outlined the freedom a jury has to accept or reject the evidence presented to it, stating:
While the jury as the trier of fact is not warranted in arbitrarily or capriciously rejecting the testimony of a witness, neither is it required to accept and give effect to testimony which it finds to be unreliable, although it may be uncontradicted. Testimony may be unimpeached by any direct evidence to the contrary and yet be so contrary to natural laws, inherently improbable or unreasonable, opposed to common knowledge, inconsistent with other circumstances established in evidence, or so contradictory within itself, as to be subject to rejection by the court or by the jury as trier of the facts.
This court has also said: "The court is not required to accept as a verity uncontradicted testimony, but might well scrutinize closely such testimony as to its credibility, taking into consideration all the circumstances throwing light thereon, such as the interest of the witnesses, remote or otherwise." Kaiser v. Stathas, 263 N.W.2d 522, 526 (Iowa 1978). Miller v. Eichhorn, 426 N.W.2d 641, 642 (Iowa App. 1988).
At first
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