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Case No. 20-1124

Elizabeth Downing and Marcella Berry, as Co-Administrators of the Estate of Linda Berry
v.
Paul Grossman, and Catholic Health Initiatives Iowa, Corp. d/b/a Mercy Medical Center, Mercy Medical Center West Lakes, and Mercy Surgical Affiliates

Plaintiff’s estate appealed from a summary judgment dismissing its action for medical malpractice as time-barred by the statute of repose. See Iowa Code § 614.1(9)(2018). The estate contended the district court erred in failing to recognize genuine issues of fact exist as to whether defendants fraudulently concealed plaintiff’s condition, triggering an exception to the statute of repose. The court of appeals reversed and remanded for further proceedings. Defendants seek further review.

County:
Polk

Resister

Elizabeth Downing and Marcella Berry, as Co-Administrators of the Estate of Linda Berry

Appellant

Paul Grossman, and Catholic Health Initiatives Iowa, Corp. d/b/a Mercy Medical Center, Mercy Medical Center West Lakes, and Mercy Surgical Affiliates

Attorneys for the Resister

Steve Hamilton
Molly M. Hamilton

Attorneys for the Appellant

Stacie M. Codr
Joseph F. Moser

Supreme Court

Oral Argument Schedule

15-15-5

Mar 24, 2022 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
20-1124
Date Published:
Apr 22, 2022

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1124
Date Published:
Oct 06, 2021
Summary

            Appeal from the Iowa District Court for Polk County, David Porter, Judge. REVERSED AND REMANDED.  Considered by Bower, C.J. and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (14 pages)

            The co-administrators of the estate of Linda Berry appeal the grant of summary judgment in favor of the defendants.  The defendants assert the action is time-barred by the statute of repose.  OPINION HOLDS: This appeal is timely because Linda’s estate filed a timely notice of appeal following the ruling on the Iowa Rule of Civil Procedure 1.904(2) motion.  Because we find a genuine issue of material fact over whether Linda’s estate’s claim of fraudulent concealment defeats the defendants’ statute-of-repose defense, we reverse the district court’s grant of summary judgment and remand for further proceedings.

Other Information

Date Further Review is Granted:
Nov 30, 2021
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