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Case No. 20-1228

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

Jacqueline Struck
v.
Mercy Health Services-Iowa Corp. a/k/a Mercy Medical Center-Sioux City, and Rodney J. Dean, Albert Okine, and Eileen Middleton

Mercy Medical Center seeks further review of the court of appeals opinion reversing the dismissal of any claim or claims of ordinary negligence against Mercy. Moreover, the court of appeals found that Jacqueline Struck’s petition is broad enough to encompass ordinary negligence claims against Mercy not requiring a certificate of merit affidavit under Iowa Code section 147.140, and such claims should not have been dismissed. Upon remand and after Struck’s remaining claims are “fleshed out,” the court of appeals directed the district court to dismiss the remaining claims if the claims require expert testimony because Struck did not challenge on appeal the district court’s conclusion that she failed to timely file a certificate of merit. Mercy asserts the court of appeals erroneously presumed that Struck made claims of ordinary negligence and allowed her to avoid the mandatory dismissal of her petition. Further, Mercy contends allowing Struck to make late ordinary negligence claims defies the intent of the legislature in enacting Iowa Code section 147.140.

County:
Woodbury

Resister

Jacqueline Struck

Applicant

Mercy Health Services-Iowa Corp. a/k/a Mercy Medical Center-Sioux City, and Rodney J. Dean, Albert Okine, and Eileen Middleton

Attorney for the Resister

Thomp J. Pattermann

Attorneys for the Applicant

Frederick T. Harris

John C. Gray

Supreme Court

Oral Argument Schedule

Non-Oral

Mar 24, 2022 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
20-1228
Date Published:
Apr 22, 2022
Date Amended:
Jun 30, 2022

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1228
Date Published:
Nov 03, 2021
Summary

            Appeal from the Iowa District Court for Woodbury County, Zachary Hindman, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Bower, C.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (12 pages)

            Jacqueline Struck appeals the district court’s order granting the defendants’ motions to dismiss her personal injury action for failure to file expert witness certificate of merit affidavits pursuant to Iowa Code section 147.140 (2020).  Struck challenges the court’s determination that expert testimony was necessary to establish a prima facie case for “all [her] claims.”  OPINION HOLDS: We conclude the order dismissing all claims against Mercy was in error and Struck’s claim or claims of ordinary negligence against Mercy remain viable.  However, we find no basis for any such claims against any other defendants.  Accordingly, we affirm in part but reverse the dismissal the claim or claims of ordinary negligence against Mercy.

Other Information

Date Further Review is Granted:
Jan 28, 2022
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