This decision has been referenced in a "Decisions Without Published Opinions" table in the North Western Reporter.
Appeal from the Iowa District Court for Johnson County, Carl D. Baker, Judge. Bill and Evelyn West appeal the jury verdict in this personal injury action against August Zieglowsky and Systems Unlimited.
Howard E. Zimmerle of Warner & Zimmerle, Davenport, for appellants.
James P. Craig of Lederer Weston Craig PLC, Cedar Rapids, for appellee Systems Unlimited, Inc.
Matthew Nagle of Lynch Dallas, P.C., Cedars Rapids, for appellee August Zieglowsky.
Considered by Doyle, P.J., and Tabor and Bower, JJ.
Bill and Evelyn West (West) appeal the jury verdict in this personal injury action against August Zieglowsky and Systems Unlimited (Systems). West argues the district court erred in admitting evidence of West's history of exaggerating the severity of his physical condition. We find the challenged evidence was relevant and not unfairly prejudicial. We affirm.
I. Background Facts and Proceedings
Bill West was injured in an automobile accident when the semi he was driving was struck by a vehicle driven by August Zieglowsky. West alleged Zieglowsky was negligent in operating the motor vehicle and brought claims for past and future medical expenses, past and future lost wages, loss of earning capacity, past and future loss of function of mind and body, past and future pain and suffering, and loss of spousal consortium.
West argues the jury's verdict was unfairly prejudiced by the presentation of evidence concerning his prior injuries. More specifically, the evidence showed West had, when previously injured, exaggerated and reported symptoms that did not match objective medical observations.
After initially deciding to exclude the evidence, the district court admitted the evidence as relevant on the issue of the ...