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Case No. 18-1225

Jeremy Hollingshead
v.
DC Misfits, LLC

Plaintiff appealed from a district court summary judgment dismissing his dramshop claim for failure to comply with the notice requirements of Iowa Code section 123.93 (2015). Plaintiff contends the court erred in finding his notice to defendant’s insurer of his intention to bring a dramshop claim was defective in that it did not identify defendant as the owner of the bar. The court of appeals affirmed. Plaintiff seeks further review.

County:
Polk
Trial Court Case No.:
LACL137598

Applicant

Jeremy Hollingshead

Resister

DC Misfits, LLC

Attorneys for Applicant

Robert B. Garver

Attorneys for Resister

Thomas Henderson

Supreme Court

Oral Argument Schedule

Non-Oral

Nov 19, 2019 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
18-1225
Date Published:
Jan 17, 2020

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1225
Date Published:
May 15, 2019
Summary

            Appeal from the Iowa District Court for Polk County, David May, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Bower, JJ.  May, J., takes no part.  Opinion by Bower, J.  Dissent by Doyle, P.J.  (7 pages)

Jeramy Hollingshead appeals from the summary-judgment order dismissing his dramshop claim.  OPINION HOLDS: Because Hollingshead failed to substantially comply with Iowa Code section 123.29 (2015) notice requirements by failing to identify the proper licensee, summary judgment was proper.  DISSENT ASSERTS: Here, the notice sets out all the pertinent statutory requisites: plaintiff’s intention to bring a dramshop action and references to the date, place and circumstances causing the injury.  Although the notice’s reference to “Leonard LLC dba Misfits,” the former operator of the bar, as the insured, is in error, I do not believe it deems the notice to be fatally deficient as to content.  I would reverse the district court’s grant of summary judgment.

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