Atkinson v. Manor Care Health Servs. 2006 Iowa App. LEXIS 744 (Iowa Ct. App. 2006). After instructing the jury, the court realized that no instruction was given on proximate cause. Counsel for both parties consented to the instruction. The court then included it in the written charge delivered to the jury, but it was not read with the other charges. The jury then returned a defense verdict finding that Manor Care was negligent in its care, but that the negligence was not the proximate cause of Plaintiff’s injuries. Plaintiff filed a motion for a new trial contending the court erred when the proximate cause instruction was not read to the jury with the other instructions, and because the court failed to grant various motions in limine. The trial court denied the motion and plaintiffs appealed. The court found that Plaintiff did not demonstrate that the alleged error was preserved; however, even if it had, the court noted that there is no requirement that instructions be read to the jury. The written instructions were submitted to the jury together. Thus, there was no error. The court also found that Plaintiff’s either failed to preserve alleged error relating to the motions in limine or that there was no prejudice.

Published by
David McGuffey

Recent Posts

2025 Spousal Impoverishment Standards

On November 15, 2024, the Centers for Medicare and Medicaid Services posted the 2025 spousal…

5 days ago

Social Security Disability versus Veteran’s Disability

The word disability doesn't have the same meaning in all contexts. If you have a…

2 weeks ago

Social Security Announces 2.5 Percent Benefit Increase for 2025

On October 10, 2024, the Social Security Administration announced that Americans will increase a 2.5…

1 month ago

Getting Organized

Many people think that estate planning is just having documents prepared. They have a lawyer…

2 months ago

Beneficiary who accepted inheritance under Will could not bring action for tortious interference

In Chambers v. Edwards, 365 Ga. App. 482 (2022), William Chambers sued his sister, Kathy…

2 months ago

Medicaid’s payment of medical bills does not bar recovery from negligent party

When an injured party sues someone who negligently injured him or her, one form of…

2 months ago