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JOHNSON v. KNOXVILLE COMMUNITY SCH. DIST.11/26/1997
verwhelming weight of the evidence, and such inadequacy appears to have been influenced by passion and prejudice" on the part of the jury. They maintain that the evidence proved that Brian had suffered at least a minor to moderate head injury and that the injury clearly caused some damages. They claim the only appropriate remedy is a remand for a new trial on all issues.
II. Standard of Review
We review the denial of a motion for new trial for correction of errors at law. Iowa R. App. P. 4; Ladeburg v. Ray, 508 N.W.2d 694, 697 (Iowa 1993). However, if the motion is based on a discretionary ground, we review for abuse of discretion. Ladeburg, 508 N.W.2d at 697. A ruling on a motion for new trial, as it pertains to the adequacy of a jury verdict, is a matter for the trial court's discretion. Bredberg v. Pepsico, Inc., 551 N.W.2d 321, 326 (Iowa 1996); Shepherd Components, Inc. v. Brice Petrides-Donohue & Assocs., Inc., 473 N.W.2d 612, 618 (Iowa 1991).
III. Expert Testimony of Dr. Nordine
The plaintiffs assign error in the trial court's decision to allow defendant's expert, Dr. Gaylord Nordine, to testify at trial. Dr. Nordine is a physician practicing general psychiatry. He is licensed in Iowa and has been a board-certified psychiatrist since 1979. He practices exclusively in the field of neuropsychiatry which focuses on neuro-scientific and neuro-medical aspects of the relationship between neurology and psychiatry. The use of the term "neuropsychiatry" means that the physician is emphasizing, in [570 NW2d Page 636]
the study of cases, neurologic or so-called organic or neuro-medical aspects and psychological aspects.
Prior to trial, Dr. Nordine performed an independent examination of Brian where, pursuant to the parties' agreement, Joel Johnson, Brian's father, was present to observe and help Brian answer questions. Dr. Nordine conducted a two-hour interview but did not commence a formal psychiatric evaluation. He testified at deposition that Newtonian forces suggested that Brian had suffered a mild to moderate closed head injury . He testified that OCD can occur as a result of a head injury. In Brian's case, he found from the medical records that the OCD symptoms and clinical findings commenced at least one year following injury. At trial, Dr. Nordine testified that his medical opinion was that the OCD symptoms exhibited by Brian could not have been caused by the playground accident in 1992. The reason given was that from a clinical perspective the temporal relationship between the injury and the onset of the symptoms was too long. He added that the mechanism of the injury in this case is not typically what is associated with traumatic OCD, which derives from a deep brain injury.
Dr. Nordine opined that Brian's temper outbursts and other behavior show that he is a boy under stress in his life. Within the context of the interview, his impression was that Brian tended to defer to his father and depended on him for leadership in answering questions. Dr. Nordine's medical opinion was that Brian's obsessive-compulsive features are naturally-occurring, and are related to family characteristics presented by his father clinically and by his father's writings in a journal describing Brian's OCD symptoms.
Before trial, the plaintiffs filed a motion in limine seeking to preclude Dr. Nordine from testifying on behalf of the defendant. In their motion, the plaintiffs asserted that
pursuant to Iowa Rule of Evidence 702 and 703, Dr. Nordine's opinion and testimony should not be allowed. His testimony does not pertain to "scientific knowledge" and the reasoning underlying the testimony is not scientifically vali
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