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.
Applicant
Jeremy Hollingshead
Resister
DC Misfits, LLC
Attorney for the Applicant
Robert B. Garver
Attorney for the Resister
Thomas Henderson
Supreme Court
Oral Argument Schedule
Non-Oral
Nov 19, 2019 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
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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.