YOCH v. CITY OF CEDAR RAPIDS

No. 83-637.

353 N.W.2d 95 (1984)

Lynn E. YOCH, Plaintiff-Appellant, v. CITY OF CEDAR RAPIDS, Iowa, Joel Kessler & Harvey Denlinger, Defendants/Third-Party Plaintiffs/Appellees, v. Sheila Marie CHASE & Pester Marketing Company, f/k/a Pester Derby Oil Company, Third-Party Defendants.

Court of Appeals of Iowa.

May 22, 1984.


Attorney(s) appearing for the Case

Thomas M. Wertz of the Tom Riley Law Firm, Cedar Rapids, for plaintiff-appellant.

Benjamin Blackstock of Eells, Blackstock, Affeldt & Harms, Cedar Rapids, for defendants/third-party plaintiffs/appellees.

John Von Lackum of Elderkin, Pirnie, Von Lackum & Elderkin, Cedar Rapids, for third-party defendants.

Heard by OXBERGER, C.J., and SCHLEGEL and HAYDEN, JJ.


SCHLEGEL, Judge.

Plaintiff, Lynn E. Yoch, appeals from the jury verdict in this action for false arrest and malicious prosecution on the ground that the verdict was inadequate as a matter of law and on the ground that the trial court erroneously instructed the jury on the issues of malice and probable cause. The issues are: (1) whether the jury award in the malicious prosecution action of the exact amount of plaintiff's attorney's fees incurred in defending the prior...

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