TANBERG v. ACKERMAN INV. CO.

No. 89-1893.

473 N.W.2d 193 (1991)

Bruce A. TANBERG, Appellant, v. ACKERMAN INVESTMENT CO., d/b/a Best Western Starlite Village, Appellee.

Supreme Court of Iowa.

July 17, 1991.


Attorney(s) appearing for the Case

Kathy A. Tatone of Karon, Jepsen & Daly, P.A., St. Paul, Minn., and David S. Wiggins of Marcucci, Wiggins & Anderson, P.C., West Des Moines, for appellant.

Thomas Henderson, David L. Phipps and Megan M. Antenucci of Whitfield, Musgrave & Eddy, Des Moines, for appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, SNELL and ANDREASEN, JJ.


McGIVERIN, Chief Justice.

This case presents the issue of whether a plaintiff's failure to follow medical advice to reasonably attempt to lose weight to decrease back pain, thereby mitigating his damages, can be considered fault under Iowa's comparative fault statute. The court of appeals thought plaintiff's failure to lose weight was not such fault. We disagree and, therefore, vacate the decision of the court of appeals and affirm the district court judgment.

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