The Iowa Supreme Court says a District Court erred in ordering a new trial in the case of a man who sued the Glenwood Golf Corporation, owners of the Glenwood Golf Course (GCG, following an accident involving a golf cart. The incident occurred Sept. 14, 2017, during a golf outing by Terry Jones and his son Jeff. The younger Jones was driving a golf cart owned by GCG, when, as they crossed a bridge, the cart started to veer to the left. When Jeff Jones over-corrected, the cart’s left front tire became wedged into the steel structure of the bridge. The impact ejected Jones’ father Terry – who was in the passenger seat -through an opening in the bridge’s safety rail.

Terry Jones fell about 25-feet onto a creek bed below filled with concrete and steel reinforcement bar (Rebar). He suffered life-threatening injuries and was flown by helicopter to the UNMC in Omaha. Terry Jones underwent multiple surgeries and spent months hospitalization and in a rehabilitation facility. He and his wife Christine Jones entered into a settlement agreement with Jeff and his homeowner’s liability insurer which paid the couple and their lawyer a total of $877,500, with the payments in a structured annuity.

The settlement released Jeff Jones from all claims stemming from the accident. Terry and his wife filed a civil action against GCG, based on the premises the bridge was unsafe, and that GCG was liable for the negligence of the driver in a golf cart. The District Court denied related summary judgements, and the case went to a jury, which found GCG was not liable under the premises liability claim, and found Jeffrey Jones (even though he was a released party) was at fault. They awarded damages amounting to $520,000 for past medical expenses.

Terry Jones filed a motion for a new trial on the grounds the verdict was inadequate. The District Court ruled GCG is liable on the owner liability claim, and granted a new trial on the damages only. GCG appealed the case went to the Iowa Supreme Court. The IASUPCO found Terry Jones’ release of his son from liability extinguished GCG’s vicarious liability for damages caused by Jeff Jones. They Justices reversed the District Court ruling and remanded the case for dismissal.