McQuillen v. West Side Transport - Personal Injury $26M Verdict Appeal

Iowa Supreme Court

Filed April 3rd, 2026

Detected April 3rd, 2026

Summary

The Iowa Supreme Court issued an opinion in McQuillen v. West Side Transport, Inc., Case No. 24-1669, addressing an appeal of a $26 million compensatory damages verdict awarded to Matthew and Elizabeth McQuillen as co-guardians of their daughter Margaret McQuillen, who was injured in a collision with a semitrailer. West Side Transport and driver Clifford Charles Takes appealed on three grounds: alleged attorney misconduct regarding a rebuttal witness, jury instructions on negligence specifications, and exclusion of net present value discussions. The McQuillens filed a motion to dismiss the appeal, indicating the parties have settled.

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What changed

West Side Transport and Clifford Charles Takes appealed a $26 million jury verdict arising from a collision between their semitrailer and Margaret McQuillen. The appellants raised three issues: (1) whether plaintiffs' counsel committed misconduct by suggesting a rebuttal witness should be treated as an expert, (2) whether counsel engaged in misconduct by suggesting the jury could find negligence on grounds beyond the specifications, and (3) whether the district court erred by barring discussion of net present value in closing arguments. The McQuillens have since filed a motion to dismiss the appeal, stating the parties have settled.

Parties and practitioners should note that despite the pending appeal, the underlying case has apparently resolved through settlement. The oral argument remains scheduled for January 21, 2026. This case provides limited precedential value beyond the specific evidentiary and procedural issues raised, as the dismissal moots further review. However, the $26 million verdict reflects significant damages in commercial vehicle personal injury cases.

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Main Content

Case No. 24-1669

Matthew McQuillen and Elizabeth McQuillen, individually and as limited co-guardians and co-conservators of Margaret G. McQuillen

v.
West Side Transport, Inc. and Clifford Charles Takes and Wabash Nations Corporation

Clifford Charles Takes and West Side Transport, Inc. (West Side) appeal a jury verdict awarding Matthew and Elizabeth McQuillen, as co-guardians and co-conservators of their daughter Margaret McQuillen, (the McQuillens) over $26 million in compensatory damages following their daughter’s collision with a semitrailer driven by Takes and owned by West Side. West Side argues: (1) plaintiffs’ counsel engaged in misconduct by suggesting that a rebuttal witness should be treated as an expert, (2) plaintiffs’ counsel engaged in misconduct by suggesting that the jury could find the defendants negligent on grounds other than those described in the specifications, and (3) the district court erred by barring the defense from discussing net present value in its closing argument. McQuillens filed a motion to dismiss the appeal as they claim the parties have settled.