Franklin v. Andrews

LARSON, Justice.

Brian Franklin was injured when a trailer being towed by the car in which he was a passenger was struck from behind by a semitruck owned by defendant Zeitner & Sons, Inc. and driven by defendant Darrell Andrews. The plaintiff sued the defendants, alleging failure of control and failure to maintain a proper lookout. 1 The jury assessed eighty-five percent of the fault to Franklin, thus denying him any damages. See Iowa Code § 668.3(1) (1995) (recovery by claimant denied if “the claimant bears a greater percentage of fault than the combined percentage of fault attributed to the…