Opinion

In the Matter of the Estate of Johnny VAJGRT, Deceased, Bill Ernst, Inc., Intervenor-Appellant

  • 801 N.W.2d 570
  • 2011 Iowa Sup. LEXIS 56
Court
Supreme Court of Iowa
Filed
Aug 5, 2011
Status
Published
Author
Wiggins
On the bench
Mansfield, Wiggins, Appel, Hecht
Cited by
31 cases

holding that precedent should be followed where legislature reenacted statute “without attempting to disturb the holding”

How later courts described this case

  • holding that precedent should be followed where legislature reenacted statute “without attempting to disturb the holding”
  • noting the legislature’s repeated reenactment of a statute without disturbing the prior judicial interpretation was evidence affirming acquiescence
  • “The rule of stare decisis ⅛ especially applicable where the construction placed on a statute by previous decisions has been long acquiesced in by the legislature (quoting Iowa Dep’t of Transp. v. Soward, 650 N.W.2d 569, 574 (Iowa 2002)
  • explaining the purposes of punitive damages

Written by the judges who cited it.

The opinion

WIGGINS, Justice

(concurring specially)-

I write to concur specially. I agree with the well-reasoned dissent. If we were to develop the common law further in this area, I might overrule our prior precedents for the reasons stated in the dissent and allow the court to award punitive damages awarded against the estate of a deceased tortfeasor. However, when the legislature jumped into the arena of punitive damages in 1986, it left most of our common law rules regarding punitive damages intact. In this instance, the legislature’s inaction as to these common law rules tips the scales not to overturn a precedent in existence when the legislature passed Iowa Code chapter 668A (2009). Accordingly, I am unable to join the dissent.

APPEL, J., joins this special concurrence.

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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