· 1/18/1995
Dunlavey v. Economy Fire & Casualty Co.
Citations
- 526 N.W.2d 845
- 1995 Iowa Sup. LEXIS 13
- 1995 WL 25977
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the phrase “personal injuries” in Iowa Code section 85.3(1) includes a mental injury standing alone
- holding that personal injuries under Iowa Code section 85.3(1) encompass pure and nontraumatic mental injuries
- following Marti’s formulation of “factual causation” (an issue of fact) and “legal causation” (an issue of law)
- noting opinions based on incomplete history are not binding on the commissioner
- stating in deciding whether to accept the opinion of an expert witness “[t]he commissioner as trier of fact has the duty to determine the credibility of the witnesses and to weigh the evidence, together with the other disclosed facts and circumstances, and then to accept or reject the opinion”
- whether injury has a direct causal connection is especially within the domain of expert testimony
Source: CourtListener parenthetical corpus (CC0).
Judges: McGiverin, Harris, Larson, Carter, Andreasen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.