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JOHNSON v. KNOXVILLE COMMUNITY SCH. DIST.11/26/1997
The plaintiffs appeal the denial of their motion for new trial after a jury returned a verdict finding defendant's negligence was not the proximate cause of the damages claimed. We reverse and remand for a new trial.
On February 27, 1992, Brian Johnson, age ten, fell and hit his head on the playground at East Elementary School in Knoxville, Iowa. The accident happened while Brian attempted to dunk a basketball by jumping off the back of another student. After the incident, Brian was taken inside to the school nurse's office and then to Knoxville Hospital, where he was diagnosed with a closed head injury . He was taken by Life Flight to Iowa Methodist Medical Center in Des Moines, where he was treated and observed. Brian was moved out of intensive care on the morning of February 28, and discharged on February 29.
In the months following his discharge, Brian experienced frequent and severe headaches, symptoms of obsessive-compulsive disorder (OCD), and other behavior problems. [570 NW2d Page 635]
Brian's grades, basic skills scores, and cognitive skills all fell subsequent to the accident. These deficiencies, coupled with an increase in behavioral problems at school, led Brian's parents to take him to a number of medical and psychological specialists, who administered a battery of tests in an attempt to diagnose the problem. Brian was diagnosed with numerous physical, cognitive, and behavioral deficits. Medical professionals prescribed both pharmaceutical and behavioral methods of treatment, which were effective in varying degrees. Brian's problems are, in all likelihood, permanent, although they can be controlled to some extent through proper medication and counseling.
On February 4, 1994, Brian's parents, Joel and Barbara Johnson, filed a petition at law against the Knoxville Community School District seeking damages for the personal injuries suffered by Brian as a result of the February 1992 fall and the district's alleged negligence. The parents also sought damages for loss of consortium. The district filed an answer on February 24, denying the plaintiffs' allegations of negligence, proximate cause, and damages. However, at trial, the district stipulated that Brian's accident was the result of its negligence, but denied that such negligence was the proximate cause of his injuries.
The case proceeded to a jury trial on the issues of causation and damages. The district court included the defendant's stipulation of negligence in its jury instructions. After deliberation, the jury found that the negligence of the defendant was not a proximate cause of the damages sought by plaintiffs. The jury proceeded no further with the verdict form. The plaintiffs filed a motion for new trial, asserting, among other grounds, that the finding of no proximate cause was contrary to overwhelming evidence. The district court denied the motion in a one-sentence ruling without a hearing. It is from this denial that the plaintiffs appeal.
I. Issues on Appeal
The plaintiffs assert the district court erred in allowing the introduction of certain expert testimony by the defendant concerning the causes of Brian's behavioral problems. Further, the plaintiffs argue the defendant used evidence of prior head injuries to impermissibly argue fault on Brian's part, when comparative fault was not pled. They further contend the jury was impermissibly allowed to consider the issue of parental discretion by disguising it as a proximate cause issue rather than an allegation of fault.
The plaintiffs also contend the district court erred in failing to grant their motion for new trial because the jury's verdict was "wholly inadequate in light of the o
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