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Carolyn Lindgren v. Keshav Corp.. IA premises liability
The plaintiff in this Johnson County, Iowa, case checked in to the AmericInn hotel in Coralville, Iowa, in 2012. While she and her daughters were visiting the pool area, she slipped on the top step while reaching for the railing. She injured her back and buttocks, and eventually sued the hotel, alleging that the pool step was unsafe.
The pool was inspected annually by the county public health department. A county inspector who had inspected the pool in 2007 and 2012 was subpoenaed for trial. After getting the subpoena for the 2016 trial, the inspector returned to the pool on his own accord to inspect the steps. Neither party learned of this 2016 inspection until a week before trial.
In addition to the inspection just before the accident, the inspector was allowed to testify as to what he saw during his 2016 visit. In addition, the plaintiff requested that the jury be allowed to visit the pool, and the jury also made this request, which was denied. After the jury delivered a verdict in favor of the hotel, the plaintiff appealed to the Iowa Court of Appeals. She argued that the testimony of the 2016 visit was prejudicial, and that the jury should have been allowed to visit the pool.
The appeals court affirmed. It reviewed the record and noted that no changes had been made to the pool between 2012 and 2016. Therefore, what the inspector saw in 2016 was relevant, and was not prejudicial.
It also held that the lower court, Judge Paul D. Miller, had ruled appropriately in denying the jury visit to the pool. The plaintiff was represented on appeal by Cedar Rapids attorney Larry J. Thorson, and the hotel was represented by James P. Craig and Shannon M. Powers.
No. 19-0829 (Iowa Ct. App. Aug. 5, 2020)
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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