CARSON v. WEBB

No. 91-503.

486 N.W.2d 278 (1992)

Lola J. CARSON, Appellant, v. John WEBB, Appellee.

Supreme Court of Iowa.

June 17, 1992.


Attorney(s) appearing for the Case

L. Jay Irwin III of Irwin & Associates, P.C., Des Moines, Brent A. Cashatt of Smith, Schneider, Stiles, Wimer & Hudson, Des Moines, and Jon Anderson, Des Moines, for appellant.

Terrence A. Hopkins of Hopkins & Huebner, P.C., Des Moines, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, SCHULTZ and CARTER, JJ.


CARTER, Justice.

Plaintiff, Lola J. Carson, who recovered a verdict less than her medical expenses in a civil assault and battery action against her brother, defendant John Webb, appeals from district court rulings on evidence and jury instructions. After considering the arguments that have been presented, we reverse the judgment of the district court and remand the case for a new trial on damages only.

The evidence reflects that, while both plaintiff and...

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