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JOHNSON v. KNOXVILLE COMMUNITY SCH. DIST.11/26/1997
dent. Instead, it was introduced to dispute the causal link between the 1992 injury and Brian's OCD and other behavioral disorders. At issue at trial was whether Brian's disorders were the result of other factors, not solely the 1992 fall. Evidence that Brian had suffered numerous concussions on previous occasions, including loss of consciousness and vomiting episodes, supports this proposition. Such evidence is not overly prejudicial. The trial court did not abuse its discretion when it admitted this evidence. [570 NW2d Page 641]
V. Parental Immunity
The plaintiffs also claim error in the introduction of testimony by Dr. Nordine concerning Brian's family situation and his opinion of its relation to Brian's OCD disorder. The plaintiffs claim this testimony is violative of Iowa's parental immunity provisions because it calls into question the discretion of parents to raise their children as they see fit. They claim any imposition of fault or liability to the Johnsons on account of their parenting would chill a parent's willingness to bring a suit on behalf of a child if such parenting skills were open to scrutiny.
We have explained parental immunity as follows:
We hold that a parent is immune from liability for alleged negligent acts emanating from the parent-child relationship if the act involves an exercise of: (1) parental authority over the child; or (2) parental discretion in respect to the provision of food, clothing, shelter, education, medical and dental services, and other care.
Griffith v. Smith, 340 N.W.2d 255, 256 (Iowa 1983); see also Frideres v. Schiltz, 540 N.W.2d 261, 270 (Iowa 1995).
The district court correctly noted that the testimony in this case by Dr. Nordine did not in any way implicate legal liability on the part of Brian's parents. Rather, the testimony of Dr. Nordine was presented in an attempt to prove that Brian's condition may have had other causes and is not solely the result of the 1992 fall. The plaintiffs put Brian's condition at issue with their claim for damages. Given the existence of evidence that some of these behavioral deficits may be caused by Brian's surroundings, Dr. Nordine's opinion was admissible as expert testimony on this issue. The defendant presented this evidence solely to dispute the element of causation, a use that does not infringe upon the judicially-created parental immunity doctrine.
VI. Proximate Cause
Although the defendant stipulated prior to trial that it was negligent, and the jury was so instructed, the plaintiffs were still required to prove proximate cause on all issues of damages. The trial court instructed the jury that it must decide the issue of proximate cause, as is consistent with our recognition that even though negligence has been established, proximate cause must be determined separately. See Scoggins v. WalMart Stores, Inc., 560 N.W.2d 564, 567-68 (Iowa 1997); Blackhawk Bldg. Sys., Ltd. v. Aspelmeier, Fisch, Power, Warner & Engberg, 428 N.W.2d 288, 290 (Iowa 1988); Whiteaker v. State, 382 N.W.2d 112, 116 (Iowa 1986).
The jury returned its verdict and answered "No" to the following question: "Was the fault of the defendant a proximate cause of damage to the plaintiff?" After answering this question in the negative, the jury did not proceed further, leaving blank the questions regarding the various damages alleged and whether the negligence resulted in damages to Joel and Barbara Johnson. Consequently, the jury found that defendant's negligence was neither the proximate cause of Brian's behavioral problems nor of the medical expenses incurred immediately following the injury .
VII. Adequacy of the Verdict
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