UPDATES & ANALYSIS

1.23

The case of the fainting juror and the doctor who did not tend to her

by Ryan Koopmans | January 23, 2015

By Ryan Koopmans

Two doctors are sued for separate acts of alleged negligence against the same patient.  During trial, a juror faints and one of the doctors tends to her.  Assuming that’s cause for a mistrial in the case against the juror-treating doctor, is it also cause for a mistrial in the case against the doctor who didn’t treat the juror? 

No, ruled the Iowa Supreme Court this morning.  The plaintiff argued that the treating doctor’s “humanitarian efforts benefit everyone in his profession,” including the other doctor-defendant, and thus the judge should have ordered a mistrial on all counts. The Supreme Court wasn’t buying that one-for-all, all-for-one approach. “Normally, we judge people as individuals, not as members of a group,” Justice Mansfield wrote for the unanimous Court.  And since the individuals’ actions were different, so is the outcome.  Justice Mansfield explained:  

Dr. Sweetman was the only person who actually helped the ailing juror. The district court, which witnessed the entire scene, found “nothing in Dr. Booth’s behavior during the incident that could have engendered any particular good will in her favor”. . . . It is just as possible that Dr. Booth’s failure to render care would be held against her as that Dr. Sweetman’s acts would transfer sympathy to Dr. Booth. And what about the physician who testified as an expert witness against Dr. Booth? By plaintiffs’ logic, the jury’s warm feelings would have extended to him as well. For all these reasons, we cannot find the district court abused its discretion in denying the plaintiffs a new trial on their claims against Dr. Booth.

You can read the entire opinion here.

SHARE

FEATURED POSTS

October 2024 Opinion Roundup

The Iowa Supreme Court entered opinions in eight cases in October 2024. In addition to Rox Laird’s analysis of State of Iowa v. William Noble Chaiden Miller and Katherine Avenarius and Paul Avenarius v. State of Iowa summarized on this blog, the remaining opinions from October are summarized below.

Iowa Supreme Court deadlocks on specifics required for liability waivers

When Dubuque police officer Katherine Avenarius accidentally shot herself in the leg while attending an Iowa Law Enforcement Academy firearms instructor school, she sued the academy claiming her injury was the result of an instructor’s advice on how to handle her firearm that contradicted how she had previously been trained. The State, which operates the academy, argued Avenarius signed a “clear and unequivocal” waiver and release of liability.

Iowa Supreme Court upholds minimum prison term for juvenile convicted of murder

The Iowa Supreme Court upheld a 35-year minimum prison sentence for a Fairfield juvenile who pleaded guilty to first degree murder for the death of his high school Spanish teacher. In its unanimous decision, the Court rejected the defendant’s argument that, under the Iowa Constitution, the State must present expert testimony showing a minimum sentence is necessary for a juvenile offender.

EDITORIAL TEAM

ABOUT

On Brief: Iowa’s Appellate Blog is devoted to appellate litigation with a focus on the Iowa Supreme Court, the Iowa Court of Appeals, and the U.S. Court of Appeals for the Eighth Circuit.

RELATED BLOGS

Related Links

ARCHIVES