999 N.W.2d 289
Iowa2023Background
- Scott Olson, a section foreman for BNSF Railway, was injured in a workplace incident involving a malfunctioning rail and boom truck while repairing a railroad bridge in 2017.
- Olson sued BNSF under the Federal Employers’ Liability Act (FELA), alleging negligence relating to employee training and workplace safety.
- At trial, the jury assigned 100% fault to BNSF and awarded Olson over $6.2 million in damages.
- BNSF filed a motion for a new trial based on alleged errors in the verdict form, submission of new claims during trial, and misconduct during plaintiff's rebuttal closing argument. The district court denied the motion.
- The Iowa Court of Appeals reversed, ordering a new trial due to the verdict form issue. On further review, the Iowa Supreme Court clarified the standard for error preservation and reinstated the district court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Verdict form error preservation | Issue not properly preserved for appeal if not objected pre-verdict | Posttrial motion preserved verdict form error under Whitlow | Objection too late; Whitlow applies only to incomplete verdicts |
| Submission of new negligence claims | Claims regarding failure to train all employees were in pleadings | Expanded theory at trial beyond discovery/pleadings | Claims were in pleadings; district court acted properly |
| Counsel’s misconduct in rebuttal argument | No flagrant misconduct; any issues were minor and non-prejudicial | Multiple instances of improper and prejudicial conduct warranted new trial | Only preserved objection was repetition; no prejudice found |
| Denial of new trial based on closing argument | Denial discretionary and correct | Conduct was prejudicial, meriting new trial | Denial not abuse of discretion; no different outcome likely |
Key Cases Cited
- Whitlow v. McConnaha, 935 N.W.2d 565 (Iowa 2019) (clarifies limits on error preservation for verdict form errors)
- Kinseth v. Well-McLain, 913 N.W.2d 55 (Iowa 2018) (standards for preserving error in closing argument objections)
- Loehr v. Mettille, 806 N.W.2d 270 (Iowa 2011) (district court's discretion in granting new trials when justice requires)
- Mays v. C. Mac Chambers Co., 490 N.W.2d 800 (Iowa 1992) (new trial due to attorney misconduct requires prejudice)