Anderson v. Southern Iowa Electric Cooperative, Inc.
Opinion of the Court
NATURE AND PROCEDURAL HISTORY
These cases, consolidated for trial, were filed in United States District Court for the Southern District of Iowa, Central Division, under diversity of citizenship jurisdiction. 28 U.S.C. § 1332. On November 22, 1982,
At trial before the United States Magistrate
Southern 50 percent
Anderson 25 percent
Brown 25 percent
Speed King 0 percent
Anderson appeals the jury verdict finding him 25 percent at fault in the personal injury action. Anderson cross appeals the jury verdict finding him 25 percent at fault in the wrongful death action. Brown cross appeals the jury verdict finding Brown 25 percent at fault in the wrongful death action. Southern appeals the jury verdict finding it 50 percent at fault in both the personal injury and wrongful death actions.
ANDERSON’S APPEAL
Anderson argues for reversal in his appeal against Southern that:
(1)the trial court erred in failing to submit the issue of fault of Speed King based upon strict liability to the jury;
(2) the trial court erred in failing to allow Anderson to introduce into evidence portions of the complaints setting forth causes of action against Speed King;
(3) the trial court erred in failing to admit into evidence the 1981 edition of the National Electric Safety Code and related testimony;
(4) the damages awarded to Brown were excessive; and
(5) the trial court erred in failing to set off Brown’s settlement from Speed King •against Brown’s judgment.
ANDERSON’S CROSS APPEAL
In his cross appeal Anderson argues for reversal that:
(1) the jury should not have been allowed to attribute fault against Anderson and the court erred in awarding judgment for contribution against Anderson in the Brown case;
(2) the special interrogatory jury verdict form failed to include the effects of contribution when attributing fault;
(3) the jury instructions failed to distinguish between apportionment of fault of Anderson for his own injuries and any fault with respect to Brown; and
(4) the $125,000 jury verdict awarded to Anderson was inadequate.
BROWN’S CROSS APPEAL
By cross appeal, Brown argues for reversal that there was insufficient evidence to submit the issue of Brown’s fault to the jury and insufficient evidence to support the verdict.
SOUTHERN’S APPEAL
Southern appeals arguing for reversal that (1) the trial court erred in failing to submit to the jury the theory of strict liability against the released defendant,
CONCLUSION
We have considered each issue raised by the Appellants and Cross Appellants and find them to be without merit. The issues raised have no precedential value and do not warrant discussion. We have reviewed the briefs and the relevant portion of the record and find no error of law and no abuse of discretion. The judgment of the United States Magistrate is summarily affirmed. See 8th Cir.R. 14.
. The Honorable R.E. Longstaff, United States Magistrate for the Southern District of Iowa.
Reference
- Full Case Name
- Cole ANDERSON v. SOUTHERN IOWA ELECTRIC COOPERATIVE, INC., Appellant The ESTATE OF David Dean BROWN, by its personal representative, Jeani Diane Brown MAUZY v. SOUTHERN IOWA ELECTRIC COOPERATIVE, INC., Appellant Cole ANDERSON v. SOUTHERN IOWA ELECTRIC COOPERATIVE, INC., The ESTATE OF David Dean BROWN, by its personal representative, Jeani Diane Brown MAUZY v. SOUTHERN IOWA ELECTRIC COOPERATIVE, INC., Appellee The ESTATE OF David Dean BROWN, by its personal representative, Jeani Diane Brown MAUZY v. SOUTHERN IOWA ELECTRIC COOPERATIVE, INC., Cole Anderson
- Cited By
- 1 case
- Status
- Published