 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
HAGEN v. DENOOY2/26/1997
wa 1973) (juror misconduct did not warrant new trial where jury conducted experiment to test nighttime visibility).
In our review of the record, we agree with the district court's determinations that the jury's conduct did not affect the verdict, and further that the "conduct of the jury itself would not warrant the granting of a new trial." We find no abuse of discretion on the part of the district court in this regard.
III. Jury Instructions. Plaintiff contends the trial court abused its discretion in failing to properly instruct the jury. It cannot go unnoticed that plaintiff did not file a cross-appeal in this matter. Plaintiff was the unsuccessful party when the case was tried on the merits; thus, we do not believe error has been adequately preserved on this issue for our review. However, even assuming arguendo error was preserved, for the reasons which follow we find no merit in plaintiff's contentions with regard to this issue.
We find reversible error when the instructions given to the jury, viewed as a whole, fail to convey the applicable law. Benn v. Thomas, 512 N.W.2d 537, 539 (Iowa 1994). Our review is for correction of error at law. Iowa R. App. P. 4.
Plaintiff contends the district court erred in failing to submit her proposed instructions 14, 17, 18, or alternatively proposed instruction A. In essence these instructions would [563 NW2d Page 11]
have required the jury to consider whether defendants were negligent for failing to yield half of the roadway to plaintiff. The evidence as to which side of the road each vehicle was on upon impact was greatly disputed at trial.
The trial court determined Iowa Code section 321.297 does not require a vehicle which is too wide to be driven on the right half of the roadway if the roadway is not of sufficient width to allow such operation. Defendants assert that as a result Bruxvoort owed no duty to plaintiff to drive on the shoulder of the road. They maintain the exclusion of plaintiff's proposed instructions was proper, as to include them would have misinformed the jury as to Iowa law and the duty owed to plaintiff.
Plaintiff argues the trial court's interpretation of the definition of the term "roadway" was erroneous. She asserts Iowa Code section 306.3(10) defines "road" to include the road's shoulder. We find Iowa Code chapter 306 is inapplicable to the case at hand; the trial court employed the correct definition of "roadway" contained in Iowa Code section 321.1(66).
In viewing the instructions given to the jury as a whole, we find the jury was appropriately instructed as to the applicable law. The jury was correctly instructed that defendant had a duty to maintain a proper lookout and a duty to keep his vehicle under control in Instructions 15, 16, and 17. We find no error on the part of the district court in its instruction of the jury.
REVERSED. [563 NW2d Page 12]
Page 1 2 3 4 5 Iowa Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|