LOEHR v. METTILLE

No. 10-0483.

806 N.W.2d 270 (2011)

Leanne LOEHR and Ed Loehr, Appellees, v. Craig W. METTILLE, Bromo, Inc., d/b/a First General Services of East Central Iowa, and Mobro, Inc., d/b/a 380 Service Master and ServiceMaster 380, Appellants.

Supreme Court of Iowa.

Rehearing Denied November 22, 2011.


Attorney(s) appearing for the Case

Joe H. Harris , Cedar Rapids, for appellants.

Peter C. Riley of Tom Riley Law Firm, P.L.C., Cedar Rapids, for appellees.


MANSFIELD, Justice.

This dispute between a homeowner and a contractor presents the not uncommon scenario where a trial exhibit offered by a party turns out to be something other than the party claimed it to be. Here, the opposing party recognized the flaws in the exhibit before the case was submitted to the jury, but instead of alerting the court, decided to argue those flaws to the jury during the rebuttal stage of closing argument. After the jury returned verdicts...

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