Opinion

Martinson Manufacturing Co. v. Seery

  • 351 N.W.2d 772
  • 1984 Iowa Sup. LEXIS 1158
Court
Supreme Court of Iowa
Filed
Jun 13, 1984
Status
Published
Author
Carter
On the bench
Reynoldson, McCormick, Schultz, Carter, Wolle
Cited by
17 cases

holding that attorney is not liable for error in judgment on points of new occurrence or of doubtful construction, or for mistaken opinion on point of law which has not been settled by court of last resort and as to which reasonable doubt may be entertained by informed lawyers

How later courts described this case

  • holding that attorney is not liable for error in judgment on points of new occurrence or of doubtful construction, or for mistaken opinion on point of law which has not been settled by court of last resort and as to which reasonable doubt may be entertained by informed lawyers

Written by the judges who cited it.

The opinion

CARTER, Justice

(concurring specially).

I concur in the result but for reasons different from those of the majority.

The issue of federal law presented in the present litigation is not a legal issue for the court but an issue of operative fact to be determined by the trier of fact. This is nonetheless so because the trier of fact is a jury. Juries should be permitted to determine issues of operative fact involving law in the same manner as issues involving medicine or other scientific data, i.e., by expert testimony in the case.

It is not the role of the judge in such cases, either in trial or on appeal, to conduct independent legal research on the issue of operative fact. The judge’s role is simply to determine whether there is sufficient conflict in the relevant and material evidence to present a jury issue. The evidence in the present case concerning this issue of operative fact was conflicting, and the district court did not err in submitting the case to the jury.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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