Iowa Code » Chapter 619 — PLEADINGS AND MOTIONS
Iowa Code

Iowa Code § 619.7 (2026)

Mitigating facts

✓ current as of July 2026
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In any action brought to recover damages for an injury to person, character, or property, the defendant may set forth, in a distinct division of the defendant’s answer, any facts, of which evidence is legally admissible, to mitigate or otherwise reduce the damages, whether a complete defense or justification be pleaded or not, and the defendant may give in evidence the mitigating circumstances, whether the defendant proves the defense or justification or not. [R60, §2929; C73, §2682; C97, §3593; C24, 27, 31, 35, 39, §11172; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §619.7]

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Notes of Decisions
Cited in 13 cases, 1949–1985 · leading case: RET Corp. v. Frank Paxton Co., Inc., 329 N.W.2d 416 (Iowa 1983).
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RET Corp. v. Frank Paxton Co., Inc., 329 N.W.2d 416 (Iowa 1983). · cites it 2× “” Plaintiff learned of the defective insulation in the spring of 1975, and did not commence retrofitting the walls with blown insulation until late 1977. The retrofitting was completed by Hamilton Glen’s receiver in 1978.”
Ackerman v. Lauver, 242 N.W.2d 342 (Iowa 1976). · cites it 2× “8, The Code] treat the matter of minimizing damages as a special defense which defendant must plead and prove or he is limited to circumstances growing out of plaintiff's testimony * * * [citing authority]." As already mentioned, Iowa Mutual did not plead this special defense.”
F.S. Credit Corp. v. Shear Elevator, Inc., 377 N.W.2d 227 (Iowa 1985). · cites it 2× “Credit objected when the limited evidence relating to the settlement of the Clarksville Bank litigation was offered, it failed to obtain a ruling from the court and did not raise the question of failure to plead the special defense until its application for further review.”
Nepple v. Weifenbach, 274 N.W.2d 728 (Iowa 1979). · cites it 2× “2d 529, 533 (1963) and the provisions of § 619.7, The Code. He did not raise this issue at trial in his objections to the instructions, however, complaining only that "[t]he record is completely devoid of any evidence that this injury could ever be cured and yet the instruction…”
Stauter v. Walnut Grove Prods., 188 N.W.2d 305 (Iowa 1971). · cites it 2× “Section 619.7, Code, 1971, provides, “In any action brought to recover damages for an injury to person, character, or property, the defendant may set forth, in a distinct division of his answer, any facts, of which evidence is legally admissible, to mitigate or otherwise reduce…”
Shewry v. Heuer, 121 N.W.2d 529 (Iowa 1963). · cites it 2× “Defendant’s pleading was an apparent attempt to comply with the provision of section 619.7, Code, 1962, that in an action such as this defendant may set forth in his answer any facts of which evidence is admissible to mitigate or otherwise reduce the damages and he may give in…”
Nizzi v. Laverty Sprayers, Inc., 143 N.W.2d 312 (Iowa 1966). · cites it 2× “” Code section 619.7 provides for the introduction of mitigating facts in defense.”
Holm v. Hansen, 248 N.W.2d 503 (Iowa 1976). “See §§ 619.7, 619.8, The Code; Ackerman v. Lauver, 242 N.”
Mihalovich v. Appanoose Cnty., 217 N.W.2d 564 (Iowa 1974). · cites it 2× “Section 619.7, The Code. “Generally the question of contributory negligence and proximate cause are for the [finder of fact] ; it is only in the exceptional case these issues may be decided as matters of law.”
Simpson v. Iowa State High. Comm'n, 195 N.W.2d 528 (Iowa 1972). · cites it 2× “If this was evidence offered in mitigation under sections 619.7 and 619.8, Code, 1966, it was evidence which was shown by or grew out of the testimony introduced by the adverse party.”
Whewell v. Dobson, 227 N.W.2d 115 (Iowa 1975). “” Nevertheless, “where a plaintiff seeks damages for a wrongful act of defendant, plaintiff has the duty to minimize his damages, but the duty of proving that the damages could be minimized is on defendant.”
Vawter v. McKissick, 159 N.W.2d 538 (Iowa 1968). “We agree with plaintiff’s contention that mitigation of damages is a special defense which defendant must plead and prove or be limited to circumstances growing out of plaintiff’s testimony.”
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