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Mark Irland
v.
Marengo Memorial Hospital, d/b/a Compass Memorial Healthcare, Marengo Memorial Hospital Board of Trustees d/b/a Compass Memorial Healthcare Board of Trustees, Barry G. Goettsch, and Natasha Hauschilt
Appellant
Mark Irland
Appellee
Marengo Memorial Hospital, d/b/a Compass Memorial Healthcare, Marengo Memorial Hospital Board of Trustees d/b/a Compass Memorial Healthcare Board of Trustees, Barry G. Goettsch, and Natasha Hauschilt
Attorney for the Appellant
Mark Irland, self-represented
Attorney for the Appellee
Mary Funk, Logan J. Eliasen, and Katherine D. Hamilton
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Iowa County, Fae Hoover Grinde, Judge. AFFIRMED IN PART AND REVERSED IN PART. Considered by Tabor, P.J., and Greer and Schumacher, JJ. Opinion by Greer, J. (10 pages)
Dr. Mark Irland appeals the granting of summary judgment and the award of damages to the defendants. OPINION HOLDS: The district court properly granted summary judgment because Dr. Irland waived all claims arising from before the settlement agreement was enforced, and that waiver covers all of the claims he raised in this action. Thus, we affirm the district court’s grant of summary judgment in favor of the defendants. However, because the defendants did not provide statutory or contractual support for their award of attorney fees and the record does not show conduct that is intentional and likely aggravated by cruel and tyrannical motives to support a common law attorney fee award of damages, we reverse the district court’s attorney fee award.
