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Case No. 21-0303

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

Jena Reyes and Ricardo Reyes
v.
Adam Smith, M.D., Adam Smith, M.D., P.C., Tri-State Specialists, L.L.P., Pierce Street Same Day Surgery, L.C., UnityPoint Health and Northwest Iowa Hospital Corporation, d/b/a St. Luke's Regional Medical Center of Sioux City

Appellant

Jena Reyes and Ricardo Reyes

Appellees

Adam Smith, M.D., Adam Smith, M.D., P.C., Tri-State Specialists, L.L.P., Pierce Street Same Day Surgery, L.C., UnityPoint Health and Northwest Iowa Hospital Corporation, d/b/a St. Luke's Regional Medical Center of Sioux City

Attorneys for Appellant

Jon Specht

Attorneys for Appellees

John C. Gray and Jeff W. Wright, for Adam Smith, M.D., Adam Smith, M.D., P.C., and Tri-State Specialists, LLP
Erik Bergeland and Joseph F. Moser, for UnityPoint Health and Northwest Iowa Hospital Corporation d/b/a St. Luke's Regional Medical Center of Sioux City

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0303
Date Published:
May 25, 2022
Summary

            Appeal from the Iowa District Court for Woodbury County, Zachary Hindman, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., May, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (8 pages)

            Jena and Ricardo Reyes (Reyes) appeal the denial of their motion for additional time to designate an expert witness and the grant of summary judgment in favor of the defendants on their medical-malpractice claim.  OPINION HOLDS: Reyes did not show substantial compliance with the expert-designation deadline or good cause for missing the deadline.  Thus, the district court did not abuse its discretion in denying Reyes’s motion for additional time to designate an expert witness.  Because Reyes lacked an expert witness, the court did not err in granting summary judgment in favor of the defendants.

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