# Schmitt v. Clayton County

> Supreme Court of Iowa · October 17, 1979 · 284 N.W.2d 186

URL: https://www.frixlaw.com/law-library/cases/9532288

## Case

- **Full name:** Marguerite SCHMITT, Conservator of the Estate of Andrew Schmitt, Appellee, v. CLAYTON COUNTY, Iowa, Appellant
- **Court:** Supreme Court of Iowa
- **Decided:** October 17, 1979
- **Citations:** 284 N.W.2d 186; 1979 Iowa Sup. LEXIS 1020
- **Precedential status:** Published
- **Opinion:** Concurrence by McCORMICK
- **Judges:** Rees, McCormick, Harris
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9532288

## How later opinions describe it (automated extraction)

- noting the county’s contention that “its signing should be evaluated according to a ‘reasonable’ professional engineering judgment standard rather than a ‘reasonable person under the circumstances’ test”

## Opinion text

McCORMICK, Justice
(concurring specially).
I concur in the result and all of the opinion except division III. I agree with Wigmore’s view that “[t]he hypothetical question, misused by the clumsy and abused by the clever, has in practice led to intolerable suppression of truth.” 2 J. Wigmore, Evidence in Trials at Common Law § 686, at 812 (3d ed. 1940). I would adopt the standard delineated in Fed.R.Evid. 705:
The expert may testify in terms of opinion or inference and give his reasons therefor without prior disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.
See Rabata v. Dohner, 45 Wis.2d 111 , 172 N.W.2d 409 (1969); C. McCormick, Law of Evidence § 36 (2d ed. E. Cleary 1972): 3 J. Weinstein & M. Berger, Weinstein’s Evidence ¶ 705[1] (1978).
HARRIS, J., joins this special concurrence.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9532288. Public record. Not legal advice.