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Case No. 23-0300

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

Ashley Lynn Koester
v.
Eyerly-Ball Community Mental Health Services, Rebecca Parker, and Monica Van Horn

Appellant

Ashley Lynn Koester

Appellee

Eyerly-Ball Community Mental Health Services, Rebecca Parker, and Monica Van Horn

Attorney for the Appellant

Breanne A. Stoltze and Bruce H. Stoltze Jr.

Attorney for the Appellee

Ryan Stefani and Frank B. Harty

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0300
Date Published:
Mar 27, 2024
Summary

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (14 pages)

            Lynn Koester appeals the dismissal of her petition alleging wrongful termination in violation of public policy as a common-law claim and retaliation under Iowa Code chapter 91A (2022).  On the first claim, the district court found she did not identify a public policy violation so she failed to state a claim for which relief can be granted.  And on the second, it found the claim is barred by the statute of limitations and failed to state a claim.  OPINION HOLDS: We find that the district court erred at law in concluding there was no public policy justification to maintain her wrongful termination common law claim.  We reverse dismissal and remand for further proceedings on that claim.  On her statutory claim for retaliation directly under chapter 91A, we find the claim is barred by the statute of limitations.  So we affirm in part, reverse in part, and remand for further proceedings on the common law wrongful termination claim.

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