Sanders v. Ghrist, 421 N.W.2d 520 (Iowa 1988). · Go Syfert
Sanders v. Ghrist, 421 N.W.2d 520 (Iowa 1988). Cases Citing This Book View Copy Cite
“all instructions must be read and construed together, not piecemeal or in artificial isolation.”
75 citation events (23 in the last 25 years) across 5 distinct courts.
Strongest positive: Terry Daniels v. State of Iowa (iowactapp, 2019-12-18)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 28 distinct citers.
discussed Cited as authority (verbatim quote) Terry Daniels v. State of Iowa
Iowa Ct. App. · 2019 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
all instructions must be read and construed together, not piecemeal or in artificial isolation.
discussed Cited as authority (verbatim quote) Crawford v. Yotty
Iowa · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
n-structions must be read and construed together, not piecemeal or in artificial isolation.
discussed Cited as authority (rule) Des Moines Civil and Human Rights Commission v. Patrick Knueven and Mary Knueven
Iowa · 2023 · confidence medium
While the district court did not err in rejecting many of the aforementioned proposed instructions on steering, it ultimately failed to convey the applicable law when it declined Patrick’s request for the following jury instruction: In order to find “steering” in violation of the law, you must find that the Defendants took some steps to show or guide the tester to an alternative property according to their [protected class], or presented information that the property was undesirable for the prospect because of the tester’s [protected class]. 18 In doing so, the district court did not p…
discussed Cited as authority (rule) Mead v. Adrian (2×)
Iowa · 2003 · confidence medium
The jury must determine the amount of proportionate reduction based on all of the evidence in the case. [6] We have traditionally described this doctrine as involving a "lost chance" or the "loss of chance." Wendland, 574 N.W.2d at 329 ; Sanders v. Ghrist, 421 N.W.2d 520, 521 (Iowa 1988); DeBurkarte, 393 N.W.2d at 135 ; see also DeMoss v. Hamilton, 644 N.W.2d 302, 305 (Iowa 2002); Beeman v. Manville Corp. Asbestos Disease Comp.
cited Cited as authority (rule) Lovick v. Wil-Rich
Iowa · 1999 · confidence medium
Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988).
discussed Cited as authority (rule) Leaf v. Goodyear Tire & Rubber Co.
Iowa · 1999 · confidence medium
(Emphasis added.) Jury instructions are to be read and considered as a whole, not “piecemeal or in artificial isolation.” State v. Simpson, 528 N.W.2d 627, 632 (Iowa 1995) (citing Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988)).
discussed Cited as authority (rule) State v. Simpson (2×)
Iowa · 1995 · confidence medium
Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988).
cited Cited as authority (rule) State v. Chambers
Iowa Ct. App. · 1994 · confidence medium
Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988); State v. Langlet, 283 N.W.2d 330 (Iowa 1979).
cited Cited as authority (rule) Weems v. Hy-Vee Food Stores, Inc.
Iowa Ct. App. · 1994 · confidence medium
Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988).
cited Cited as authority (rule) Sonnek v. Warren
Iowa · 1994 · confidence medium
Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988).
cited Cited as authority (rule) McIntire v. Muller
Iowa Ct. App. · 1994 · confidence medium
Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988).
cited Cited as authority (rule) Manno v. McIntosh
Iowa Ct. App. · 1994 · confidence medium
Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988).
cited Cited as authority (rule) Benn v. Thomas
Iowa · 1994 · confidence medium
Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988).
cited Cited as authority (rule) Matter of Estate of Hughbanks
Iowa Ct. App. · 1993 · confidence medium
Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988).
examined Cited as authority (rule) State v. Bennett (4×)
Iowa Ct. App. · 1993 · confidence medium
Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988).
discussed Cited as authority (rule) Reener v. Hill & Williams Bros., Inc.
Iowa Ct. App. · 1993 · confidence medium
Regarding the submission of instructions to a jury, the parties to a lawsuit are entitled to have their legal theories submitted to a jury “as long as they are supported by pleadings and substantial evidence.” Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988).
cited Cited as authority (rule) Ort v. Klinger
Iowa Ct. App. · 1992 · confidence medium
Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988).
cited Cited as authority (rule) Young v. Gregg
Iowa · 1992 · confidence medium
These standards are set forth in Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988), and need not be repeated here.
cited Cited as authority (rule) State v. Johnson
Iowa Ct. App. · 1991 · confidence medium
Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988).
cited Cited as authority (rule) Baker v. Bower
Iowa Ct. App. · 1991 · confidence medium
Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988).
cited Cited as authority (rule) Nichols v. Schweitzer
Iowa · 1991 · confidence medium
Stover v. Lakeland Square Owners Ass’n, 434 N.W.2d 866, 868 (Iowa 1989); Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988).
cited Cited as authority (rule) Meck v. Iowa Power & Light Co.
Iowa Ct. App. · 1991 · confidence medium
Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988).
examined Cited as authority (rule) Fennell v. Southern Maryland Hospital Center, Inc. (4×) also: Cited "see, e.g."
Md. · 1990 · confidence medium
Sanders v. Ghrist, 421 N.W.2d 520, 523 (Iowa 1988), and DeBurkarte v. Louvar, 393 N.W.2d 131, 137 (Iowa 1986); Boody v. U.S., 706 F. Supp. 1458, 1465-66 (D.Kan. 1989); McKellips v. Saint Francis Hosp., Inc., 741 P.2d 467 , 476-77 & n. 25 (Okla. 1987); Herskovits v. Group Health Co-op., 99 Wash.2d 609, 634 , 664 P.2d 474, 487 (1983) (Pearson, J., concurring). [1] "The right of trial by jury of all issues of fact in civil proceedings in the several Courts of Law in this State, where the amount in controversy exceeds the sum of five hundred dollars, shall be inviolably observed."
cited Cited as authority (rule) Hutchinson v. Broadlawns Medical Center
Iowa · 1990 · confidence medium
Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988); Moser v. Stallings, 387 N.W.2d 599, 605 (Iowa 1986).
cited Cited as authority (rule) Fuches v. S.E.S. Co.
Iowa Ct. App. · 1990 · confidence medium
Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988).
cited Cited as authority (rule) Ryerson v. First Trust & Savings Bank
Iowa · 1988 · confidence medium
Sanders v. Ghrist, 421 N.W.2d 520, 521 (Iowa 1988); Junkins v. Branstad, 421 N.W.2d 130, 135 (Iowa 1988); First State Bank v. Shirley Ag.
cited Cited "see" McDonnell v. Chally
Iowa Ct. App. · 1994 · signal: see · confidence high
See Sanders v. Ghrist, 421 N.W.2d 520, 521 (Iowa 1988).
discussed Cited "see" Tanberg v. Ackerman Investment Co.
Iowa · 1991 · signal: see · confidence high
See Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988) (legal theories submitted to the jury must be supported by pleadings and substantial evidence); cf. Shewry v. Heuer, 255 Iowa 147, 154 , 121 N.W.2d 529, 533 (1963).
Mardell E. SANDERS, Executor of the Estate of Ivan T. Sanders, Deceased, Mardell E. Sanders, Individually, as Mother and Next Friend of Vicky J. Sanders, and Byron Ivan Sanders, Appellants,
v.
Thomas D. GHRIST, Individually, Thomas D. Ghrist, P.C., a Professional Corporation, Appellees
87-113.
Supreme Court of Iowa.
Apr 13, 1988.
421 N.W.2d 520
Richard 0. McConville of Scalise, Seism, Sandre & Uhl, and Gregory C. McConville, Des Moines, for appellants., David L. Brown of Hansen, McClintock & Riley, Des Moines, for appellees.
Larson, Schultz, Carter, Neuman, Snell.
Cited by 40 opinions  |  Published
SNELL, Justice.

On May 30, 1984, Mardell E. Sanders brought this medical malpractice action individually, as executor of the Ivan T. Sanders estate, and as next friend of Vicky J. Sanders and Byron Ivan Sanders. Mardell is Ivan’s widow and Vicky’s and Byron’s mother. Defendants Thomas D. Ghrist, individually, and Thomas D. Ghrist, a professional corporation, responded with general denials. A jury trial resulted in a defendants’ verdict which was followed by plaintiffs’ unsuccessful motion for new trial. This appeal ensued and presents us with one issue: did the district court err in refusing to give a requested jury instruction? Our review is limited to the correction of legal errors. Iowa R.App.P. 4.

Dr. Ghrist is a medical doctor specializing in internal medicine diagnostic work. This case arises from allegations that Ghrist failed to properly diagnose and treat a malignant tumor which resulted in Ivan T. Sanders’ death. Among the theories under which plaintiffs sought damages was included Sanders’ lost chance to survive the disease. We first recognized this theory of recovery in DeBurkarte v. Louvar, 393 N.W.2d 181, 135-38 (Iowa 1986). In De-Burkarte, we allowed recovery for the lost chance of survival, “but only for the lost chance of survival.” 393 N.W.2d at 137. In so delimiting a plaintiff's potential recovery, we rejected an approach which views the underlying injury, and not the lost chance of survival, as compensable in cases involving a preexisting condition. Id. Under this rejected approach, “a patient could recover all damages resulting from an injury for which a defendant may only be partly responsible.” Id.

The district court submitted the following instruction, number twelve, identical in part to the instruction on proximate cause that we sanctioned in DeBurkarte:

One who undertakes to render services to another which he should recognize is necessary for the protection of the other’s person is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking if his failure to exercise such care increases the risk of such harm.

The part omitted from this instruction, however, read

for depriving her of the opportunity to receive early treatment and the chance of realizing gain in her life expectancy and physical harm and mental comfort.

Id. at 138 n. 3.

In its marshalling instruction on damages, number thirteen, the district court[*522] limited plaintiffs’ potential recovery to the following elements of damage: (1) pain, suffering and mental anguish; (2) present value of Ivan Sanders’ estate “had he lived out the term of his natural life;” (3) present value of prospective support to his wife; and (4) present value of prospective services to his wife and children. According to this instruction, damages would be recoverable only if “shown by a preponderance of the evidence to have been sustained as a direct and proximate result of the incident alleged herein,” i.e., Ghrist’s negligence. No mention was made of the potential damages available under the lost chance of survival theory, notwithstanding plaintiffs’ request that the following sub-part, delineating the damages available under that theory, be included in the mar-shalling instruction:

The present worth of the opportunity to receive early treatment and the chance of realizing any resulting gain in life expectancy and physical or mental comfort.

This requested instruction is substantially identical to a portion of the instruction we sanctioned in DeBurkarte. See 393 N.W.2d at 138 n. 3.

Parties to a lawsuit are entitled to have their legal theories submitted to a jury as long as they are supported by pleadings and substantial evidence. E.g., Fratzke v. Meyer, 398 N.W.2d 200, 203 (Iowa App.1986). All instructions must be read and construed together, not piecemeal or in artificial isolation. E.g., Clinton Land Co. v. M/S Assocs., Inc., 340 N.W.2d 232, 234 (1983). Although a trial court is free to draft jury instructions in its own language, the instructions must fairly cover the issues presented, jKg., Hoekstra v. Farm Bureau Mut. Ins. Co., 382 N.W.2d 100, 110 (Iowa 1986). Relatedly, while we will not reverse and order a new trial for marginal or technical omissions, we will do so if the instructions as a whole are insufficient to convey the applicable law. See Adam v. T.I.P. Rural Elec. Co-op, 271 N.W.2d 896, 900-01 (Iowa 1978). Instructions should thoroughly and fully present issues to a jury so that body will have a proper understanding of the law to be applied in reaching a verdict. E.g., Robeson v. Dilts, 170 N.W.2d 408, 414 (1969). The trial court must see to it that a jury has a clear and intelligent understanding of what it is to decide. Gibbs v. Wilmeth, 261 Iowa 1015, 1022, 157 N.W.2d 93, 97 (1968).

Instruction twelve and the instructions read as a whole fail to convey to the jury the legal theory on which a lost chance of survival recovery is based. This omission carried with it a likely misinterpretation of the law by the jury in applying both the instruction on proximate cause and the damages instruction. Regarding proximate cause, we believe the instructions as given permitted recovery if and only if the plaintiffs demonstrated by a preponderance that Sanders’ pain and suffering, as well as the lost value of his estate, support and services, were “a direct and proximate result” of Ghrist’s negligence. This is precisely the “all-or-nothing” liability we rejected in Deburkarte. See 393 N.W.2d at 137. As a result, were the jury to believe, as they certainly could from this record, that the underlying cancerous condition would have resulted in those damages eventually even without Ghrist’s negligence, recovery must be denied. In De-Burkarte, however, we implicitly sanctioned plaintiffs’ recoveries for a lost chance of survival even if that chance was not-better-than-even. See 393 N.W.2d at 136-37 (“A more rational approach, however, would allow recovery for the loss of the chance of cure even though the chance was not better than even.” (quoting King, Causation, Valuation, and Chance in Personal Injury Torts Involving Preexisting Conditions and Future Consequences, 90 Yale L.J. 1353, 1363-64 (1981))).

Instruction twelve also directed the jury that Ghrist is rendered “subject to liability ... for physical harm ... if his failure to exercise [reasonable] care increases the risk of such harm.” Accordingly, if Ghrist’s negligence increased the risk of Sanders’ “harm,” i.e., failure to survive, Ghrist would be liable for the full amount of damages resulting from Sanders’ death. Liability under DeBurkarte, however, is not measured by the totality of the result ing physical harm but, rather, is limited to[*523] the reduction in the chance of surviving that harm. 393 N.W.2d at 137. The harm of the district court’s instruction is that the jury, not believing Ghrist responsible for the total damages, may believe that no liability is possible under this theory.

In DeBurkarte, we agreed with the trial court’s instructions because those instructions clearly limited the damages available under the “lost chance” theory to the reduction in decedent’s chance of survival. 393 N.W.2d at 137-38. Here, the district court’s damages instruction failed to include such damages at all. We believe this omission resulted in an incorrect statement of the applicable law.

The legal theory supporting a recovery for lost chance of survival should be included as part of the proximate cause and the damages instructions. Plaintiffs’ motion for new trial should have been granted. Accordingly, we reverse the judgment of the district court and remand this case for a new trial.

REVERSED AND REMANDED.