Belz v. State
Michael Belz, individually and as Executor of the Estate of Gerald M. Belz, and Sherine Belz, individually, Plaintiffs-Appellants
State of Iowa, Defendant-Appellee
Attorney for Appellants
Dominic Pechota
Attorneys for Appellee State
Alexa S. Den Herder, Assistant Solicitor General
Adam Kenworthy, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Johnson County, Elizabeth Dupuich, Judge. AFFIRMED. Heard by Tabor, C.J., Ahlers, J., and Potterfield, S.J. Opinion by Ahlers, J. (10 pages)
Parents of a deceased University of Iowa student assert claims against the State stemming from the student’s death from hypothermia during a polar vortex. They appeal an order granting summary judgment in the State’s favor. They argue that the district court incorrectly concluded that discretionary-function immunity applies to this action, and they argue that the district court abused its discretion when it struck an expert report filed after the deadline because it was a supplemental report. OPINION HOLDS: We elect to affirm on an alternate basis urged by the State and conclude that the parents failed to generate a question of material fact relating to factual causation. We also conclude that the district court did not abuse its discretion when it struck the expert report because it was not a supplemental report and it was untimely.
