Jason Lathrop
v.
MidAmerican Energy Company
Appellant
Jason Lathrop
Appellee
MidAmerican Energy Company
Attorney for the Appellant
Steven Hamilton
Attorney for the Appellee
Joseph G. Gamble and Gregory R. Brown
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge. AFFIRMED. Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ. Opinion by Langholz, J. (5 pages)
Jason Lathrop appeals the dismissal of his December 2023 negligence suit against MidAmerican Energy Company arising from an incident that occurred in February 1984. He argues that the district court erred in dismissing the suit based on the statute of limitations and the statute of repose for actions arising from improvements to real property. OPINION HOLDS: When a court rules on alternative independent grounds, an appellant must successfully challenge both grounds to reverse the ruling. And even assuming Lathrop preserved his claim of error on the statute-of-limitations ground, he did not make any argument against applying the statute of repose. So any challenge to dismissal based on the statute of repose is not preserved for our review. We thus affirm the court’s dismissal based on that ground without considering its merits.
