For summaries from opinions prior to August, 2018, view PDF versions here.
Darrel K. Stanton
v.
Knoxville Community Hospital, Inc. d/b/a Knoxville Hospitals & Clinics and Stephen R. Eckstat
Appellee
Darrel K. Stanton
Appellant
Knoxville Community Hospital, Inc. d/b/a Knoxville Hospitals & Clinics and Stephen R. Eckstat
Attorney for the Appellee
Jeremy M. Evans
Attorneys for the Appellant
Frederick T. Harris, Jeffrey R. Kappelman, and Andrew M. Stanley (until withdrawal)
Jennifer Rinden and Nancy J. Penner
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Marion County, Gregory A. Hulse, Judge. REVERSED AND REMANDED. Considered by Tabor, P.J., and May and Greer, JJ. Opinion by May, J. (12 pages)
In this medical negligence case, a doctor and hospital sought interlocutory review of an order denying their motions for summary judgment. OPINION HOLDS: The district court erred in concluding the plaintiff established “good cause” for failing to timely designate his expert. Therefore, Iowa Code section 668.11 (2017) prohibits the plaintiff’s expert from testifying. And the parties agree the plaintiff cannot prevail without the expert’s testimony. So defendants are entitled to summary judgment.
