BRYANT v. RIMRODT Another Iowa Turkey - Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge. Heard by Mullins, P.J., and Bower and McDonald, JJ. Opinion by McDonald, J. (11 pages) Bryant appeals the denial of his motion for new trial in this personal injury suit, claiming the verdict is inconsistent and the award inadequate. OPINION HOLDS: The verdict can be reconciled with the evidence and is not inconsistent. The district court did not abuse its discretion in denying the motion for new trial on the ground the award was inadequate. Decision
No. 13-1883 - AFFIRMED.
With due respect to the Court I disagree with this holding. Just as I argued in Phelan-Ruden v Suddreth, 734 N.W.2d 487 (Iowa App.2007) these no-to-low damage jury awards for what other people refer to as "soft damages" permit the devaluation of human life. If you poach a deer the State of Iowa values the carcass at $20,000; but according the Court in Phelan-Ruden a healthy, intelligent and industrious child can according to an Iowa jury have no value to the parents. How can human suffering have the value of $1? The doctors and hospitals get paid $16,937.53 in medical expense (not a trifle bit of a sum!) and then the same jury turns around saying the man's pain and suffering is worth only $1. There is more money laying under your couch cushions. The courts turn the wage earners towards the legislature and the legislature then either turns us back towards the courts or worse, turns their back on the people. The message being sent is loud and clear. For a court system to allow $1 for pain and suffering damages is no different than the Governor lowering Chris Godfrey salary. This is rewriting the law of nature about how we in America and in Iowa treat human beings. It is just another example of how our moral values are being lowered.
MORAVIA, Iowa —An Iowa man has pleaded guilty to unlawfully killing a whitetail deer and been fined $20,000 in damages.
Blog Note: I see that Grefe & Sidney blogged about this verdict and incorrectly reported I argued for $48 million in damages. That is incorrect. No expert testified the future estate was worth $48 million. See Parents Denied Damages In Child Death Case.
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