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Baale v. Sunset Homes3/15/2000
sion Co., 518 N.W.2d 352, 355 (Iowa 1994) (quoting Erickson v. Wright Welding Supply, Inc., 485 N.W.2d 82, 86 (Iowa 1992)).
The jury instructions properly placed on Van Baale the burden of proving Midland breached a standard of care and the breach proximately caused his damages. Midland did not concede any of the elements of Van Baale's negligence case, controverting the facts Van Baale claimed established a breach as well as the applicable standard of care. Its defense, therefore, was not based on justification, avoidance or excuse. Cf. Dutcher v. Randall Foods, 546 N.W.2d 889, 893 (Iowa 1996) (concluding defense which arose only after the facts of petition had been proven was an affirmative defense); Marquis v. Nuss, 451 N.W.2d 833, 836 (Iowa 1990) (holding doctor's assertion of "mistake in judgment" was not affirmative defense on which he had burden of proof). Accordingly, we reject this contention.
IV. Substantial Justice
Van Baale finally challenges the district court's denial of his motion for new trial. A district court may order a new trial if a jury verdict is not supported by sufficient evidence and the verdict fails to effectuate substantial justice. Johnson v. Knoxville Community Sch. Dist., 570 N.W.2d 633, 641 (Iowa 1997). We conclude the verdict is supported by sufficient evidence. The jury reasonably could have believed that Van Baale's own negligence in climbing on a roof he knew to be icy was the sole proximate cause of his injuries. For the previously stated reasons, we also find the verdict effectuated substantial justice. We find it unnecessary to address Van Baale's remaining challenges to the verdict.
AFFIRMED.
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