Kathleen Tope, as Executor of the Estate of Ellen Josephine Tope, Kathleen Tope, individually, and Timothy Tope, individually v. Mary Winterbottom
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| Case Name: | Kathleen Tope, as Executor of the Estate of Ellen Josephine Tope, Kathleen Tope, individually, and Timothy Tope, individually v. Mary Winterbottom |
| Case Number: | LACL160762 |
| Date of Trial: | 04/17/2026 |  | Venue: | Polk County |
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| Casetype/Claims: | CIVIL LAW - PERSONAL INJURY - MOTOR VEHICLE |
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| Judge: | Nicholas Bailey |
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| Plaintiff's Counsel: | Nick Rowley, Courtney Rowley, Dominic Pechota, Laura Thompson, and James Jackson | | Defendant's Counsel: | Corinne Butkowski |
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| Verdict: | For Plaintiff
$750,000.00
1. Pre-Death Pain and Suffering of Ellen Tope - $750,000.00
2. Past Loss of Parental Consortium of Kathleen Tope - $0
3. Future Loss of Parental Consortium of Kathleen Tope - $0
4. Past Loss of Parental Consortium of Timothy Tope - $0
5. Future Loss of Parental Consortium of Timothy Tope - $0
Total - $750,000.00
The jury found Defendant was 60% at fault and Ellen Tope was 40% at fault. On April 17, 2026, the judge entered judgment in favor of Plaintiff in the amount of $450,000 plus interest. |
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| Demand Before Trial: | |
| Offer Before Trial: | |
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Statement of Case:
This case arises from a two-vehicle motor vehicle collision that occurred on September 8, 2023, in Mitchellville, Polk County, Iowa, between Ellen Tope and Defendant Mary Winterbottom. Plaintiff Kathleen Tope, individually and as Executor of the Estate of Ellen Josephine Tope, and Plaintiff Timothy Tope claim that their mother, Ellen Tope, sustained injuries that caused her death on September 11, 2023. Defendant accepts some fault but claims Ellen Tope was partially at fault for this accident. Defendant denies that this accident was the cause of Ellen Tope’s death and claimed damages. |
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| Injuries alleged: | Wrongful death and two (2) Adult Consortium claims. |
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| Official Jury Verdict Form: |
| Plaintiff alleged Ellen Tope suffered bilateral rib fractures, a sternal fracture, a left iliac wing fracture, a laceration of the dorsum of the right foot with transected fourth digit tendon, a right forearm skin tear, an occipital scalp laceration, and a forehead laceration along with other scattered abrasions and small lacerations. Ms. Tope was transported from the accident scene by ambulance to the hospital where she remained until her death on September 11, 2023. Attached as PDF.
 Toppe v. Winterbottom Civil Verdict Form.PDF
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Documents of interest:
(when available) | Defendant Mary Winterbottom served an Offer to Confess Judgment in the amount of $750,000.00 on March 16, 2026. Thereafter, Plaintiffs made a final pretrial demand of $6,000,000.00 on April 10, 2026, three (3) days before trial commenced on April 13, 2026.
 Tope v. Winterbottom Jury Instructions.PDF
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