Jackson v. Farm Bureau Mut. Ins. Co., 93-1857
| Decision Date | 22 February 1995 |
| Docket Number | No. 93-1857,93-1857 |
| Citation | 528 N.W.2d 516 |
| Parties | Jerald M. JACKSON; Theresa E. Jackson; and Jerald M. Jackson and Theresa E. Jackson, As Parents and Next Friends of Jamey Jackson and Tim Jackson, Minors, Appellants, v. FARM BUREAU MUTUAL INSURANCE COMPANY, Appellee. |
| Court | Iowa Supreme Court |
Joel J. Yunek of Laird, Heiny, McManigal, Winga, Duffy & Stambaugh, P.L.C., Mason City, for appellants.
Angela A. Swanson of Morain, Burlingame, Pugh & Koop, West Des Moines, for appellee.
Considered by HARRIS, P.J., and LARSON, CARTER, LAVORATO, and SNELL, JJ.
This is a suit on an underinsured motorist policy provided by Farm Bureau Mutual Insurance Company. A jury returned a verdict for the plaintiff, Jerald Jackson. The court, however, reduced it by the amount of disability payments Jackson had received under a separate disability policy. We affirm.
Jackson was injured in a collision with Calvin Christenson. Jackson settled with Christenson for the liability limits of $100,000 under Christenson's insurance, then sued Farm Bureau under his own underinsured motorist policy.
Jackson moved in advance of trial to exclude evidence of $22,080 in disability benefits received by him under the disability policy. The court denied the motion and admitted the evidence.
The court informed the jury that Jackson had received the $100,000 from Christenson and the $22,080 in disability benefits. It further instructed that the jury should determine the total amount of damages without regard to the settlement or disability proceeds received by Jackson. The jury's verdict included:
Past medical expenses $ 20,043.50
Present value of future medical expenses $ 15,000
Reasonable value of loss of time from his business $ 35,000
Present value of loss of future earning capacity $ 88,180
Loss of function of the body $ 20,000
Present value of future loss of function of the body $ 30,000
Physical and mental pain and suffering $ 30,000
Present value of future physical and mental pain and suffering $ 45,000
Loss of consortium $ 46,000
TOTAL $329,223.50
The district court reduced the verdict by two percent ($5664.47) for failure to wear a seat belt; $100,000 for the amount received from Christenson; and $22,080 for the amount of the disability benefits paid under Farm Bureau's policy. It entered judgment in favor of Jackson for $201,479.03. Jackson unsuccessfully moved to modify the judgment by adding back the amount of the disability benefits, and this appeal followed.
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