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Case No. 18-0185

For summaries from opinions prior to August, 2018, view PDF versions here

Maria Borjas and Fermin Gutierrez, Individually, and as parents and next friends of D.G., a Minor
v.
State of Iowa

Appellant

Maria Borjas and Fermin Gutierrez, Individually, and as parents and next friends of D.G., a Minor

Appellee

State of Iowa

Attorneys for Appellant

Martin A. Diaz

Attorneys for Appellee

Jessica Tucker Glick and Carolyn Russell Wallace

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0185
Date Published:
Dec 19, 2018
Summary

           Appeal from the Iowa District Court for Johnson County, Andrew B. Chappell, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J. (5 pages)

           Maria Borjas and Fermin Gutierrez, parents of their minor child D.G., appeal the district court’s grant of summary judgment in a medical malpractice suit.  The parents argue the district court should have denied summary judgment for both the medical-negligence claim and the negligent-infliction-of-emotional-distress claim.  OPINION HOLDS: Because the parents failed to provide expert testimony to support either claim, we agree summary judgment was appropriate and affirm without further opinion.  Iowa Ct. R. 21.26(a), (e).

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