William Neal Lawson Vs. Linda Irene Kurtzhals
2010 Iowa Sup. LEXIS 125
| Iowa | 2010Background
- William Lawson was riding a bicycle in Sioux City when struck by Linda Kurtzhals's vehicle.
- Lawson sued for bodily injury and property damage, and Kurtzhals demanded a jury trial.
- Just before trial, Lawson sought a voluntary dismissal without prejudice on the fourth day of trial; the court granted it.
- Lawson refiled an essentially identical action; Kurtzhals sought sanctions for late dismissal under rule 1.413, and the court imposed fees on counsel.
- The district court held Lawson lacked discretion to deny dismissal and remanded for sanctions; Lawson cross-appealed on damages sanction and the trial plan.
- The Iowa Supreme Court reversed in part, remanding to reinstate the case with prior sanctions and directing a pre-refile trial order, while affirming sanctions on damages omission and attorney fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court had discretion to deny voluntary dismissal without prejudice | Lawson | Kurtzhals | Discretion exists; denial could be abused |
| Whether the court abused discretion limiting damages evidence for late supplementation | Lawson | Kurtzhals | No abuse; limits appropriate given late supplementation |
Key Cases Cited
- Venard v. Winter, 524 N.W.2d 163 (Iowa 1994) (voluntary dismissal under Rule 1.943 involves no court discretion to prevent dismissal before deadline)
- Jeffords v. Stockton, 254 Iowa 273 (1962) (predecessor rule on voluntary dismissal timing)
- Parker v. Freightliner Corp., 940 F.2d 1019 (7th Cir. 1991) (sanctioning conditions for late dismissal in federal courts)
- United States v. $9,041,598.68, 163 F.3d 238 (5th Cir. 1998) (trial court may admit late-disclosed evidence if harmless)
- Preferred Mktg. Assocs. Co. v. Hawkeye Nat’l Life Ins. Co., 452 N.W.2d 389 (Iowa 1990) (inherent power to sanction discovery abuses, including exclusion of evidence)