SALLEE v. STEWART - Falling through a hay barn chute

Posted on Apr 26, 2015


The warning given by the farmer as to where not to step seemed to have been enough for a jury to find comparative fault on the part of this teacher on a field trip. The Iowa Court of Appeals also found the defendants had not argued the overweight condition of the injured lady could be a contributing factor.

No. 14-0734 




            Appeal from the Iowa District Court for Fayette County, John J. Bauercamper, Judge.  Heard by Vaitheswaran, P.J., and Doyle and Tabor, JJ.  Opinion by Doyle, J.  (17 pages)  

            Kimberly Ann Sallee appeals from an adverse jury verdict.  She asserts the district court erred in failing to direct a verdict on the issue of the defendants' negligence in her favor or grant her motion for judgment notwithstanding the verdict.  She also asserts the court made instructional errors.  Finally she asserts the district court erred in denying her motion for new trial.  OPINION HOLDS: Upon our review of all the issues raised by Sallee on appeal, we affirm the district court's order denying her motions for directed verdict, for judgment notwithstanding the verdict, and for new trial. 

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Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death