GREENWOOD v. MITCHELL

No. 99-0644.

621 N.W.2d 200 (2001)

Dale V. GREENWOOD, Appellant, v. Jason MITCHELL, Appellee.

Supreme Court of Iowa.

January 18, 2001.


Attorney(s) appearing for the Case

Erik A. Luthens of Luthens Law Offices, P.C., West Des Moines, for appellant.

Edward G. Parker of Morain, Burlingame & Pugh, P.L.C., West Des Moines, for appellee.

Considered en banc.


TERNUS, Justice.

The appellant, Dale Greenwood, was struck by a vehicle being driven by the appellee, Jason Mitchell, as Greenwood was walking on a sidewalk in Des Moines, Iowa. In a subsequent suit filed by Greenwood against Mitchell, the jury found Greenwood to be sixty percent at fault based on his failure to mitigate his damages. Because Greenwood was more than fifty percent at fault, the district court entered judgment in favor of the defendant. See Iowa...

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