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JOHNSON v. KNOXVILLE COMMUNITY SCH. DIST.11/26/1997
If a jury verdict is not supported by sufficient evidence and the verdict fails to effectuate substantial justice, a new trial may be ordered. Bredberg, 551 N.W.2d at 326; Thompson v. Rozeboom, 272 N.W.2d 444, 446 (Iowa 1978). Substantial justice is inextricably linked to the adequacy of a jury verdict. As we have previously noted:
We acknowledge an inadequate damage award merits a new trial as much as an excessive one. Iowa R. Civ. P. 244; Matthess, 521 N.W.2d at 702; Witte, 443 N.W.2d at 716. Whether damages awarded are adequate in a particular case depends on the facts of the situation. Matthess, 521 N.W.2d at 702. The test we must apply is "whether the verdict fairly and reasonably compensates the injury the party sustained." Id.; see also Householder v. Town of Clayton, 221 N.W.2d 488, 493 (Iowa 1974). Although evidence presented at trial may justify a higher damage award, this alone does not control. The key question is whether after examining [570 NW2d Page 642]
the record, "giving the jury its right to accept or reject whatever portions of the conflicting evidence it chose, the verdict effects substantial justice between the parties." Kautman v. Mar-Mac Community Sch. Dist., 255 N.W.2d 146, 148 (Iowa 1977); see also Moore v. Bailey, 163 N.W.2d 435, 437 (Iowa 1968). Another consideration for this court in examining the trial court's determination is "the fact the trial court, with benefit of seeing and hearing witnesses, observing the jury and having before it all incidents of the trial, did not see fit to interfere [with the jury's verdict]." Olsen v. Drahos, 229 N.W.2d 741, 743 (Iowa 1975).
Foggia v. Des Moines Bowl-O-Mat, Inc., 543 N.W.2d 889, 891 (Iowa 1996).
The plaintiffs contend that the jury's failure to award any damages, in light of the defendant's admission of negligence and the record made that some damages were proximately caused by that negligence, necessitates a new trial. We agree with this contention.
The jury's failure to award any damages to the plaintiffs fails to effectuate substantial justice between the parties. Defendant stipulated that it was negligent regarding the fall that Brian suffered on the playground. Defendant also stipulated that the medical costs incurred by Brian for visits to his doctors since the injury and for the original hospitalization at Iowa Methodist Medical Center amounted to $10,171.33, and agreed that the amount was "fair, reasonable and necessary."
In their motion for new trial, plaintiffs assert that the finding by the jury of no proximate cause was contrary to the evidence. Our examination of the record convinces us that the jury verdict is not adequately supported in fact and law. Substantial justice was not effected by the jury's total denial of any damages recoverable by the plaintiffs. The trial court abused its discretion in failing to grant a new trial.
VIII. New Trial
The inadequacy of the verdict necessitates that we remand this case for a new trial. The district court shall order a new trial extending to all issues of proximate cause and damages, but not to the issue of defendant's negligence, which has been stipulated. 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).
We note that, under the special interrogatories submitted by the court, the jury was not required to make a separate determination of proximate cause as to each item of damage. Presumably, the jury could have found that the defendant's negligence was the proximate cause of some, but not all, of the plaintiffs' claimed injuries. Because damages must be itemized in this case, see Iow
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