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Stroh v. Beane2/6/2002
ial property damage to the vehicle in which Stroh was riding. Stroh was examined at a hospital within twenty-four hours of the wreck and was found to have bruising and swelling on his right hand. He incurred medical expenses for the hospital examination and physical therapy related to the hand injury. We find no evidence in the record tending to prove Stroh had bruising, swelling, pain, or impairment in his right upper extremity at any time before the wreck of June 26, 1996. The jury's verdict clearly did not effectuate substantial justice because the record requires, at a minimum, some amount of compensation for themedical expenses related to the hand injury . The trial court abused its discretion in failing to grant a new trial under the circumstances of this case.
IV. Conclusion.
The inadequacy of the verdict necessitates that we remand this case for a new trial on the issue of damages proximately caused by Beane's negligence. Beane's liability has been established and shall not be retried. See Thompson v. Allen, 503 N.W.2d 400, 401 (Iowa 1993); Vorthman v. Keith E. Myers Enters., 296 N.W.2d 772, 778 (Iowa 1980).
REVERSED AND REMANDED FOR NEW TRIAL.
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