Woodward and Ruther laid out five similar defenses to the claim. Should this defendant be at fault . said fault should be compared with that of the plaintiff and/or other parties, both defense attorneys said in their respective motions.
The attorneys were referencing Iowa Code 688, which requires judges to consider how at fault parties in the case are in comparison to each other.
In a case where the plaintiff does bear some fault, the amount of damages incurred by the plaintiff are to be reduced in accordance with the amount of fault the plaintiff bears.
In criminal cases, the jury is not allowed to know the penalties a defendant would face if convicted. However, in a civil case, it is the jury that decides what a defendant would have to pay.