Judge overturns $1.5 million award in Howard County lawsuit

Judge Margaret Lingreen has ordered a new trial in a Howard County lawsuit, saying Decorah attorney Nick Rowley "made improper statements" in his rebuttal to the defendant's closing arguments, statements she says "were calculated to, and with reasonable probability did, influence the jury's verdict."

The case involves Kelsey Bronner, who was involved in a traffic accident on April 30th of 2008.  She sued Reicks Farms, Inc., the owner of the vehicle she was in, for medical expenses and to pay for past and future physical and mental pain.

The Howard County jury returned a verdict awarding Bronner a total of $1,559,189, which at the time was the highest damage award ever made in a Howard County lawsuit.

But Judge Lingreen has filed a ruling vacating the jury's award and scheduling a retrial.  Lingreen stated, "Iowa Rule of Professional Conduct 32:3.4 provides that a lawyer shall not in trial state a personal opinion as to the credibility of a witness or the culpability of a civil litigant.  Counsel is not to assert personal knowledge of the facts."  The judge ruled that Rowley violated that rule.  She concluded, "The rebuttal argument of Plaintiff's counsel prejudiced the Defendant and it is probable a different result would have been reached (by the jury), but for that misconduct."

Lingreen has set a date and time of 10:15 a.m. January 6th to select new trial and pretrial dates.  In the meantime, the payment of the $1,559,189 has been put on hold.