You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

David Buboltz and Donna Reece v. Patricia Birusingh, individually and in Her Capacity as Co-Executor of the Estate of Cletis C. Ireland, and Kumari Durick

Citation: Not availableDocket: 19-1724

Court: Supreme Court of Iowa; June 11, 2021; Iowa; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The Supreme Court of Iowa adjudicated an appeal involving a tortious interference with inheritance claim brought by two plaintiffs against several defendants, including the estate of the deceased. The plaintiffs contended that the defendants unduly influenced the decedent to change her will, excluding them from the inheritance. The district court granted summary judgment to the defendants on the tortious interference claim, concluding that knowledge of the plaintiffs' expected inheritance was a requisite element which was not demonstrated. The plaintiffs appealed, arguing that the requirement of such knowledge was erroneous, while the defendants cross-appealed, seeking a new trial on grounds of hearsay and improper closing arguments. The court upheld the summary judgment, affirming that without evidence of the defendants' knowledge of the plaintiffs' expectancy, the claim could not proceed. Moreover, the court found no reversible error in the evidentiary rulings or statements made during closing arguments, as objections were either not preserved or the conduct did not rise to the level warranting a new trial. Consequently, the court affirmed the lower court's decision, maintaining the dismissal of the tortious interference claim and the jury's verdict favoring the plaintiffs on the undue influence claim.

Legal Issues Addressed

Closing Argument Conduct

Application: The court evaluated claims of misconduct during closing arguments, noting that failure to object or seek a mistrial generally waives such claims.

Reasoning: They claimed the lawyer improperly expressed personal concerns and fabricated statements by Ireland. However, the defendants did not object to these comments or move for a mistrial, which typically indicates a waiver of any misconduct claims.

Hearsay Evidence Admissibility

Application: The court considered the admissibility of hearsay evidence under Iowa Rules of Evidence, focusing on whether the hearsay-within-hearsay objection was preserved for review.

Reasoning: Under Iowa Rule of Evidence 5.613(b), an out-of-court statement can be used to impeach a witness if the witness has an opportunity to explain or deny the statement, and the opposing party can question them about it.

Summary Judgment Requirements

Application: The court found that the circumstantial evidence presented by the plaintiffs was insufficient to create a material fact dispute for trial.

Reasoning: The district court dismissed the plaintiff's tortious-interference-with-inheritance claim, finding the circumstantial evidence insufficient to create a material fact dispute.

Tortious Interference with Inheritance

Application: The court addressed whether knowledge of an expected inheritance is necessary for a claim of tortious interference with inheritance.

Reasoning: A defendant cannot be found liable for intentional interference with an inheritance expectancy unless they are aware of the plaintiff's specific expectancy.