Miller v. Eichhorn

426 N.W.2d 641 · Court of Appeals of Iowa · 1988

Facts

Plaintiff Connie Miller's car collided with Defendant Harold Eichhorn's car as he backed out of his driveway. The jury awarded Connie minimal damages ($3,569.70) and no damages to her husband, finding Connie 15% at fault and Harold 85% at fault. Plaintiffs appealed, claiming the damage award was inadequate and there were errors in the jury instructions.

Issue

Did the trial court err by not granting a new trial due to inadequate damages, by instructing the jury on mitigation of damages, by submitting the issue of Connie's fault, or by refusing to give a sudden emergency instruction?

Holding

The appellate court affirmed the trial court's decision. It found the damage award was not inadequate, the mitigation of damages instruction was proper, the submission of Connie's fault was supported by evidence, and the refusal to give a sudden emergency instruction was not prejudicial error.

Rule

Juries have discretion to reject uncontradicted testimony if found unreliable, especially regarding injury causation and extent. Under Iowa's Comparative Fault Act, 'fault' includes unreasonable failure to mitigate damages. A sudden emergency instruction may be refused without prejudice if other instructions adequately cover the 'reasonable person under the circumstances' standard, particularly in comparative negligence cases.

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Case brief last reviewed 2026-01-08. Prepared by CaseReader from the published opinion.