HOLMES v. POMEROY

No. 19-1162.

959 N.W.2d 387 (2021)

Matthew HOLMES, Appellant, v. Miranda POMEROY, Appellee.

Supreme Court of Iowa.

Filed May 7, 2021.


Attorney(s) appearing for the Case

Matthew M. Sahag of Dickey, Campbell & Sahag Law Firm, PLC, Des Moines, for appellant.

J. Scott Bardole of Andersen & Associates, West Des Moines, for appellee.

Christensen, C.J., delivered the opinion of the court, in which all justices joined.


In this case, we consider whether approximately twenty instances of the defendant's cell phone use while in a vehicle over an approximately three-year period is admissible to show a habit of driving while distracted under Iowa Rule of Evidence 5.406. For the reasons discussed below, we uphold the district court's determination...

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