[Download] "State v. Poffenbarger" by Supreme Court Of Iowa. * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Poffenbarger
- Author : Supreme Court Of Iowa.
- Release Date : January 07, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This appeal presents a number of issues which arose during the trial of a hospital malpractice action. The trial resulted in judgments for plaintiff William Rudolph of $553,725.88 and for plaintiff Rosellyn Rudolph, his wife, of $30,000. Defendant Iowa Methodist Medical Center filed unsuccessful post-trial motions and then appealed. Plaintiffs moved to dismiss the appeal on jurisdictional grounds. On the merits, defendant contends the trial court erred in four principal respects. Included are issues of first impression involving the right of jurors to ask questions of witnesses and the constitutionality of 147.136, The Code, the statute which abolished the collateral source rule in medical malpractice cases. We overrule the motion to dismiss, uphold the courts ruling permitting a juror to submit questions for a witness, hold the trial court erred in declaring the statute unconstitutional, remit the judgment for William accordingly, reject defendants other assignments of error, and otherwise affirm the judgments.