Maiers v. Gansen, 812 N.W.2d 726 (Iowa Ct. App. 2012)

(plaintiff tripped over a raised, uneven portion of the defendant’s sidewalk and fractured her left elbow and forearm; claim proceeded to trial; at trial, photographs of sidewalk after repairs had been made were admitted over defendant’s objection; jury found defendant 85% at fault and plaintiff 15% at fault and awarded plaintiff $163,128.77 after reduction for her fault; defendant appealed, arguing admission of photographs was improper and jury verdict excessive and not supported by evidence; appellate court held photographs were properly admitted because no photographs of pre-repair condition of sidewalk existed, and jury instructed to not rely on the repair as proof of negligence; court held jury award not excessive and evidence did not establish the jury relied on plaintiff’s answer to interrogatories outlining her damage as admission of defendant's claim rather than other evidence presented; judgment affirmed.

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