25-1371
Iowa Ct. App.Jul 8, 2026Background
- Kristin Althoff, a wheelchair user, was injured when Clair Jecklin ran a stop sign and struck her truck, damaging her left hand, wheelchair, and adapted vehicle. 1
- Althoff later complained of persistent left-hand pain, weakness, numbness, and tingling, with objective findings of grip weakness, swelling, and wrist weakness, though x-rays and EMGs were negative. 2
- At trial, Althoff testified her hand pain affected wheelchair propulsion and daily independence, and the jury awarded $50,000 for future pain and suffering plus vehicle- and wheelchair-related damages. 3
- The district court granted JNOV on future pain and suffering, but allowed damages for travel expenses paid by Althoff’s mother and for loss of use of the truck. 4
- Althoff appealed the JNOV ruling, and Jecklin cross-appealed the collateral-source and duplicative-damages rulings. 5
- The court of appeals reversed the JNOV, affirmed the cross-appeal rulings, and remanded for entry of judgment on the verdict. 6
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Future pain and suffering supported by substantial evidence? 7 | Althoff said persistent hand pain and objective findings supported future damages. | Jecklin said no permanent injury or duration evidence supported future pain. | Yes; substantial evidence supported the jury’s future pain award. 8 |
| Can Althoff recover travel costs paid by her mother? 9 | Althoff said the collateral source rule allows recovery of those accident-related expenses. | Jecklin said Althoff did not incur or repay those costs. | Yes; the collateral source rule allowed recovery. 10 |
| Was loss-of-use-of-vehicle damage duplicative of pain-and-suffering? 11 | Althoff said truck loss caused separate inconvenience and independence harms. | Jecklin said it duplicated general pain-and-suffering damages. | No; the award was not duplicative. 12 |
Key Cases Cited
- Hunter v. City of Des Moines, 34 N.W.3d 484 (Iowa 2026) (JNOV and directed-verdict review is for correction of errors at law 13)
- Whitlow v. McConnaha, 935 N.W.2d 565 (Iowa 2019) (scope of review for new-trial rulings depends on the grounds raised below 14)
- Roling v. Daily, 596 N.W.2d 72 (Iowa 1999) (legal-error review applies when the court allegedly misapplies damages law 15)
- Triplett v. McCourt Mfg. Corp., 742 N.W.2d 600 (Iowa Ct. App. 2007) (remittitur rulings are reviewed for abuse of discretion 16)
- In re Condemnation of Certain Rts. in Land for Extension of Armar Drive Project by City of Marion, 974 N.W.2d 103 (Iowa 2022) (misapplication of law is an abuse of discretion 17)
- Daniels v. Bloomquist, 138 N.W.2d 868 (Iowa 1965) (future pain and suffering must be reasonably certain and may be inferred from nature of injury 18)
- Shuck v. Keefe, 218 N.W. 31 (Iowa 1928) (plaintiff’s statement of ongoing pain alone is not enough for future suffering 19)
- Arenson v. Butterworth, 54 N.W.2d 557 (Iowa 1952) (future pain may go to the jury without expert testimony when plaintiff has not fully recovered 20)
- Mabrier v. A.M. Servicing Corp. of Raytown, 161 N.W.2d 180 (Iowa 1968) (ongoing pain up to trial can support future pain damages without medical testimony 21)
- DeBurkarte v. Louvar, 393 N.W.2d 131 (Iowa 1986) (applied Mabrier to uphold future suffering evidence from symptoms and medical testimony 22)
- Schonberger v. Roberts, 456 N.W.2d 201 (Iowa 1990) (collateral source rule does not diminish tortfeasor’s obligation 23)
- Collins v. King, 545 N.W.2d 310 (Iowa 1996) (collateral source rule can sometimes create double recovery concerns 24)
- Clark v. Berry Seed Co., 280 N.W. 505 (Iowa 1938) (third-party payments generally do not relieve the tortfeasor of liability 25)
- Nassen v. Nat'l States Ins., 494 N.W.2d 231 (Iowa 1992) (plaintiffs may not recover twice for the same loss 26)
- Team Cent., Inc. v. Teamco, Inc., 271 N.W.2d 914 (Iowa 1978) (courts must guard against duplicative or overlapping awards 27)