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Even v. Bohle11/25/2002
ven's answer, and the further question and answer on redirect examination (an answer which was unrefuted and unchallenged) would appear to adequately dispel any suggestion that Even's assertion she declined the use of forceps was inconsistent with or in conflict with the more general allegation in her petition that she had asked for a cesarean section.
We reverse a judgment for erroneous admission of evidence only if the erroneous ruling has affected a substantial right of a complaining party. McClure v. Walgreen Co., 613 N.W.2d 225, 235 (Iowa 2000). We have concluded the record shows a lack of prejudice from error, if any, in the admission of the evidence in question. Reversal is therefore not warranted. See id. (stating that although a presumption of prejudice arises when the district court has received irrelevant evidence over a proper objection, the presumption is not sufficient to require reversal if the record shows a lack of prejudice).
IV. CONCLUSION.
We conclude the trial court did not abuse its discretion in overruling the plaintiffs' motion for new trial. We further conclude the trial court did not commit reversible error in admitting evidence concerning an allegation made, and an allegation not made, in the plaintiffs' petition.
AFFIRMED.
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