Exercise 2 p.44
Case Brief
Foggia v. Des Moines Bowl-O-Mat, Inc.
Supreme Court of Iowa. February 14, 1996 543 N.W.2d 889
Facts:
In early 1991 (exact date is in dispute) Alfred Foggia was carrying two bowling balls and exiting Fair Lanes
Bowling in Des Moines. He left through the door marked “Exit Only” and fell on concrete covered in
untreated snow and ice. Alfred Foggia did not seek medical care from his chiropractor until March 26,
1991, and attributed his soreness to cutting down 100 trees recently. He returned the next day for
treatment and mentioned having fallen on ice earlier. Alfred Foggia managed his tavern and did not miss
a day of work. During trial, his physician agreed some of his injuries existed prior to the fall while others
were present after the fall.
Issue:
Whether Fair Lanes Bowling is liable for Alfred Foggia’s fall on the snow and ice on Fair Lanes Bowling’s
property.
Holding:
The verdict was in favor of the plaintiff, Des Moines Bowl-O-Mat. 49% fault was attributed to the plaintiff,
Des Moines Bowl-O-Mat, and 51% fault was attributed to the defendant, Alfred Foggia. The plaintiff was
awarded $100 in damages for pain and suffering. No awards were given for future pain, suffering, past
medical expenses, or failure to function.
Conclusion:
The plaintiff filed a motion for a new trial and was denied. Then the plaintiff appealed the district court’s
decision on the basis that the damages awarded were insufficient and the jury’s verdict was not based
on sufficient evidence. Alfred Foggia appealed a couple more times but was not granted due to enacted
legislation in the cases cited. No errors were found in the jury instructions such as the plaintiff argued.
Ultimately, the trial court’s decision has been affirmed.
Case Brief
Foggia v. Des Moines Bowl-O-Mat, Inc.
Supreme Court of Iowa. February 14, 1996 543 N.W.2d 889
Facts:
In early 1991 (exact date is in dispute) Alfred Foggia was carrying two bowling balls and exiting Fair Lanes
Bowling in Des Moines. He left through the door marked “Exit Only” and fell on concrete covered in
untreated snow and ice. Alfred Foggia did not seek medical care from his chiropractor until March 26,
1991, and attributed his soreness to cutting down 100 trees recently. He returned the next day for
treatment and mentioned having fallen on ice earlier. Alfred Foggia managed his tavern and did not miss
a day of work. During trial, his physician agreed some of his injuries existed prior to the fall while others
were present after the fall.
Issue:
Whether Fair Lanes Bowling is liable for Alfred Foggia’s fall on the snow and ice on Fair Lanes Bowling’s
property.
Holding:
The verdict was in favor of the plaintiff, Des Moines Bowl-O-Mat. 49% fault was attributed to the plaintiff,
Des Moines Bowl-O-Mat, and 51% fault was attributed to the defendant, Alfred Foggia. The plaintiff was
awarded $100 in damages for pain and suffering. No awards were given for future pain, suffering, past
medical expenses, or failure to function.
Conclusion:
The plaintiff filed a motion for a new trial and was denied. Then the plaintiff appealed the district court’s
decision on the basis that the damages awarded were insufficient and the jury’s verdict was not based
on sufficient evidence. Alfred Foggia appealed a couple more times but was not granted due to enacted
legislation in the cases cited. No errors were found in the jury instructions such as the plaintiff argued.
Ultimately, the trial court’s decision has been affirmed.
