IN THE IOWA DISTRICT COURT IN AND FOR BLACK HAWK COUNTY TAMARA ROSE KLEINHEKSEL,

Plaintiff,

VS.

TRACY ALLEN ROOKS, AND ROOKS BUILDING AND SUPPLY, INC., and WANDA JANE FARRELL, ADMINISTRATOR OF THE ESTATE OF JULI ANN FARRELL, and WANDA JANE FARRELL, Individually

Defendants

Law No. LAVC079494

ORDER FOR JUDGMENT ON THE VERDICT


Jury trail began in this case April 7, 1999. The jury started deliberations on April 22, 1999, and returned its verdict that same date. Specifically, the jury found Defendants Tracy Allen Rokes and Rokes Building and Supply, Inc., to have been at fault and that their fault was a proximate cause of damages to the Plaintiff Tamara Kleinheksel. The jury did not find decedent Juli Ann Farrell to have been at fault. The jury assigned 100 percent of the fault to Defendant Tracy Allen Rokes and Rokes Building and Supply, Inc. The jury made the following damage awards:

1. Past medical expenses $101, 219.32
2. Future medical expenses $ 50,000.00
3. Past pain and suffering $250,000.00
4. Future pain and suffering $200,000.00
5. Past loss of earnings $1,995.00
6. Future loss of earnings $220.000.00
7. Past loss of mind and body $ 61,800.00
8. Future loss of mind and body $123,600.00

TOTAL $1,008,614.32


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Kleinheksel V. Rokes et al
4.17-99

The jury also awarded punitive damages in the the amount of $100,000.00, but did not find the conduct of Defendant Tracy Allen Rokes to be directed specifically at Plaintiff.

IT IS NOW ORDERED:

1. Judgment is rendered on the verdict in favor of the Plaintiff Tamara Rose Kleinheksel and against Defendants Tracy Allen Rokes and Rokes Building and Supply, Inc., in the amount of $415,014.32 plus interest at the rate allowed by law from the commencement of the action on August 8, for past damages.

2. Judgment is rendered on the verdict in favor of the Plaintiff Tamara Kleinheksel and against Defendants Tracy Allen Rokes and Rokes Building and Supply, Inc., in the amount of $593,600.00 plus interest as allowed by law from the date of the judgment entry, for future damages.

3. Judgment is rendered on said verdict in favor of the Defendants Wanda Jane Farrell, Administrator of the Estate of Juli Ann Farrell, and Wanda Jane Farrell, Individually, and against the Plaintiff Tamara Rose Kleinheksel.

4. The attorneys are directed to file written certification of all expenses for depositions used in evidence, expert witness fees and expenses no later than the 1st day of May, 1999. Deposition expenses must be prorated. The certification shall state what portions of the depositions were actually used at trial.

5. Court costs are assessed to Defendants Tracy Rokes and Rokes Building and Supply, Inc., $621.36.

6. With regard to the punitive damage award, judgment is rendered on the verdict against Defendant Tracy Allen Rokes and Rokes Building and Supply, Inc., in the amount of $100,000,00. After payment of all applicable costs and fees allowed by law, an amount not to exceed 25 percent of the award shall be paid to Plaintiff Tamara


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Kleinheksel V. Rokes et al
4-27-99

Rose Kleinheksel and the remainder shall be paid to the Civil Reparations Trust Fund administered by the State Court Administrator.

The Clerk of Court shall provide a copy of this ORDER to counsel of record.

Done and ordered this 27th day of April, 1999.

MARGARET L. LINGREEN, JUDGE

update 12/21/16