Tanberg v. Ackerman Investment Co.

McGIVERIN, Chief Justice.

This case presents the issue of whether a plaintiffs failure to follow medical advice to reasonably attempt to lose weight to decrease back pain, thereby mitigating his damages, can be considered fault under Iowa’s comparative fault statute. The court of appeals thought plaintiff’s failure to lose weight was not such fault. We disagree and, therefore, vacate the decision of the court of appeals and affirm the district court judgment.

I. Background facts and proceedings. Plaintiff Bruce A. Tanberg was a guest at the Best Western Starlite Village motel, located in Ames,…