Martha Duban v. Waverly Sales Co.

SHEPHERD, Circuit Judge.

Thomas and Martha Duban brought a negligence action against Waverly Sales Company (Waverly) arising out of injuries Martha sustained when she was stepped on by a horse at a Waverly draft horse auction. The district court 1 denied Wa-verly’s motion for summary judgment and renewed motion for summary judgment, finding Iowa Code § 673.2’s immunity provision did not preclude Waverly’s liability because an exception to the section applied. The case proceeded to trial on comparative negligence. During trial and at the close of all the evidence, Waverly moved for judgment as…