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WEATHERWAX v. KOONTZ3/20/1996
We continue to face complaints that a jury verdict does not correctly reflect the agreement of the jury, or is erroneous for some other reason. In sorting through these complaints, the threshold question is whether the inquiry is appropriate. At one extreme, matters within the jurors' reasoning process are said to inhere in the verdict and are obviously inappropriate for examination. At the other extreme, questions concerning outside influences improperly introduced into jury deliberations can be shown in an attempt to impeach the verdict because they are thought to poison the process. In closer cases, such as the present one, the line between the two types of inquiries is less easily discerned.
This medical malpractice case was submitted to the jury under the Comparative Fault Act. Iowa Code ch. 668 (1993). Under this statutory scheme the jury is to determine the various degrees of fault among the parties and to assess the amount of total resulting damages. On the basis of these findings, the judge is thereafter to compute any liability of the parties under the principles of comparative fault. By means vigorously challenged on appeal, the plaintiffs sought to show that, after assessing damages, the jury itself made the comparative-fault computation and erroneously entered the adjusted amount of its verdict rather than their agreed total assessment. Thus, it is claimed, the comparative-fault computation later entered by the trial court was for a fraction of the correct amount. Plaintiffs sought a reformation of the verdict or, alternatively, a new trial. The trial court considered the plaintiffs' proffered evidence, but nevertheless rejected the posttrial motion. We find no reason to interfere and thus affirm. So doing, we vacate a court of appeals decision that would have directed a new trial.
Plaintiffs Donald Weatherwax, II and Donald Weatherwax, III sued Steven Griffith and Whealan Koontz, both medical doctors, for the wrongful death of Sara Weatherwax alleging [545 NW2d Page 524]
lost chance of survival as a result of a misdiagnosis. The Weatherwaxes settled with Griffith, and their claim against Koontz proceeded to trial. After weighing all of the evidence presented, the jury returned a verdict finding Koontz ten percent at fault. In response to the interrogatory asking " he present value of the opportunity to receive early treatment and the chance of realizing any resulting gain in life expectancy and physical or mental comfort," the jury indicated $96,134. The trial judge accepted the verdict and discharged the jury late on a Friday afternoon.
Acting ex parte over the weekend, without knowledge of the court or opposing counsel, plaintiffs' counsel questioned the discharged and dispersed jurors about the verdict. Based on these discussions, counsel fashioned a form affidavit and presented it to each individual juror for signing and notarization. The affidavit stated among other things that the jury found plaintiffs' total damages to be $961,340, and it was their intention to award plaintiffs $96,134 based on Koontz's ten percent comparative fault. The Weatherwaxes then filed a motion to reform the verdict so as to comply with the intent of the jury. The form affidavits signed by all jurors were submitted with the motion. The motion was later amended to seek a new trial as an alternative.
The trial judge promptly summoned counsel and asked for suggestions from both sides regarding how to proceed in the matter. The judge concluded an evidentiary hearing was proper and invited both counsel to submit suggested questions in writing for consideration by the jurors. At the hearing the trial judge questioned the jurors and each seemed to indicate the $96
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