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Case No. 19-0767

Roxanne Rieder and Tony Rieder
v.
David Segal, M.D., Theodore Donta, M.D., PH.D, Eastern Iowa Brain and Spine Surgery, PLLC, Radiology Consultants of Iowa, PLC and Mercy Hospitals, Cedar Rapids, Iowa, d/b/a Mercy Medical Center, Cedar Rapids, Iowa

Mercy Medical Center of Cedar Rapids seeks further review of the court of appeals’ opinion reversing the district court’s grant of summary judgment regarding Roxanne Rieder’s and Tony Rieder’s claim of negligent credentialing. They argue the court of appeals erred in determining the district court impermissibly weighed the evidence, and by reversing the no-duty determination where the district court found legitimate policy reasons.

County:
Linn

Resisters

Roxanne Rieder and Tony Rieder

Applicants

David Segal, M.D., Theodore Donta, M.D., PH.D, Eastern Iowa Brain and Spine Surgery, PLLC, Radiology Consultants of Iowa, PLC and Mercy Hospitals, Cedar Rapids, Iowa, d/b/a Mercy Medical Center, Cedar Rapids, Iowa

Attorneys for Resisters

Bruce L. Braley
Brian N. Aleinikoff
Timothy J. Luetkemeyer
Benjamin I. Sachs

Attorneys for Applicants

Christine L. Conover
Carrie L. Thompson
Dawn M. Gibson

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0767
Date Published:
Sep 02, 2020
Summary

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (8 pages)

            Roxanne and Tony Rieder appeal the district court’s order granting summary judgment in favor of Mercy Medical Center.  The Rieders argue (1) “the peer review privilege is unreasonable when applied in negligent credentialing cases” and (2) the district court “fail[ed] to view the evidence in the light most favorable to the [Rieders],” “abused its discretion by weighing the evidence,” and “abused its discretion in excluding highly relevant evidence.”  OPINION HOLDS: Because the court was not allowed to weigh the evidence on summary judgment, we reverse the court’s second summary judgment ruling, and because the district court considered foreseeability in determining that Mercy did not owe the Rieders a duty, we also reverse the district court’s first, partial summary judgment ruling.  We reverse and remand for further proceedings.

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