Trial Magazine

Francis Naber was operating a farm tractor attached to a manure spreader on a two-lane rural highway. As motorcyclist David Jones, 60, approached the tractor from the rear, Naber pulled out in front of him while attempting to turn left onto another lane of travel from the highway’s shoulder, and they collided. Jones suffered fatal injuries. He is survived by one adult child.

Jones’s estate sued Naber, alleging negligent operation of the tractor. The plaintiff asserted that the tractor had no turn signal lights or rearview mirror. Additionally, suit claimed that Naber had failed to look before attempting to make the turn.

The defense argued that Jones had hit the tractor from behind.

The jury awarded $3.5 million, finding Jones 35% at fault.

Citation: Jones v. Naber, No. 2:18CV01021 (N.D. Iowa Sept. 19, 2019).

Plaintiff counsel: AAJ member Brad J. Brady, AAJ member Ann Gronlund, and Cara Roberts, all of Cedar Rapids, Iowa.

Plaintiff expert: Michael Adams, accident reconstruction, Humboldt, Iowa.

Defense expert: Dennis McMahon, accident reconstruction, Urbandale, Iowa.