Statement of Case:
Plaintiffs, Nikki L. Hamilton and Craig W. Hamilton, assert claims for damages arising from injuries alleged to have been sustained as the result of a motor vehicle collision that occurred on August 26, 2022. On that date, Plaintiff Nikki Hamilton, was driving her motor vehicle with Plaintiff Craig Hamilton as her passenger and headed northbound on 19th Street nearing its intersection with University Avenue in Des Moines, Polk County, Iowa. At the same place and time, Defendant Gary W. Smith was driving his motor vehicle eastbound on University Avenue nearing its intersection with 19th Street in Des Moines, Polk County, Iowa. As the parties reached the intersection both proceeded through the intersection and collided with one another. Plaintiffs alleged that Defendant was negligent in the operation of his motor vehicle and that his negligence caused the collision and caused them injuries and damages. Defendant denies that he was negligent in the operation of his motor vehicle, denies that his negligence caused the accident, disputes the cause, nature and extent of Plaintiffs' injuries and damages, and asserts that his negligence, if any, should be compared with the negligence of Plaintiff Nikki Hamilton. |