Marc Harding d/b/a Harding Law Firm
v.
Rick Sasso d/b/a Indiana Spine Group
The supreme court granted the application for interlocutory appeal filed by Dr. Rick Sasso of Indiana Spine Group following the district court’s denial of his motion to dismiss for lack of personal jurisdiction. He argues attorney Marc Harding’s claims that he agreed to serve as an expert and to testify in Iowa in a medical malpractice case were unfounded, and the court erred by relying on them.
Appellee
Marc Harding d/b/a Harding Law Firm
Appellant
Rick Sasso d/b/a Indiana Spine Group
Attorney for the Appellee
Jeffrey M. Lipman
Attorney for the Appellant
Brent R. Ruther
Supreme Court
Oral Argument Schedule
Non-Oral
Nov 16, 2023 1:30 PM
Briefs
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge. REVERSED AND REMANDED. Considered by Bower, C.J., Tabor, J., and Danilson, S.J. Opinion by Tabor, J. (13 pages)
An Indiana-based expert witness orthopedic surgeon challenges the denial of his motion to dismiss a lawsuit filed by an Iowa attorney alleging fraud, breach of contract, and other claims. He argues the Iowa courts do not have personal jurisdiction over him based on his review of medical records provided by the attorney. OPINION HOLDS: Because we find the doctor’s preliminary evaluation of the attorney’s case, conducted entirely in Indiana, does not create an Iowa connection that would support jurisdiction, we reverse and remand for an order dismissing the action for lack of personal jurisdiction.