Category Archives: Damages

Patterson Law Firm Attorney, Michael S. Jones, Wins Four Consecutive Defense Verdicts

On March 18, 2015, the District Court for Polk County granted the Defendant’s renewed motion for directed verdict in the case of Atzeni v. Quiktrip Corporation, LACL129272. The Plaintiff slipped and fell when exiting the Defendant’s men’s restroom. The Defendant, represented by Patterson Law Firm attorney Michael S. Jones, denied that the Defendant breached its […]

Polk County Defense Verdict

On October 2, 2013, in the case of Dorothy Welsch v. Kimberly Reisner, a Polk County jury returned a verdict favoring the defendant.  The case involved a rear-end collision that was admittedly the fault of the Defendant.  The Plaintiff sought over $30,000 in damages for an alleged permanent neck injury.  The Defendant, who was represented […]

Failure to Wear Seat Belts: Proposed Legislation and the 5% Cap on Comparative Fault in Iowa

In a cause of action brought to recover damages arising out of the ownership or operation of a motor vehicle, the failure to wear a seatbelt or safety harness by the plaintiff will not be considered evidence of comparative fault per Iowa Code § 668.3(1).  See Iowa Code § 321.445 (4)(b) (2013).  This evidence may […]

Valuing Aches and Pains in Civil Lawsuits – Physical and Mental Pain and Suffering

How do you put a dollar amount on that alleged gnawing ache or lingering burning sensation someone has after being the victim of a defendant’s negligence?  Is a multiple of a plaintiff’s medical expenses, a per diem amount, or some other type calculation most appropriate? Iowa’s civil jury instructions recognize the unique character of noneconomic […]