The Estate of Deanna Dee Fahrmann, by Executor Jeffrey A. Fahrmann, Dennis C. Fahrmann, by and through his Power of Attorney, Jeffrey A. Fahrmann, Jeffrey A. Fahrmann, and Amy J. Fahrmann
v.
ABCM Corporation, Kathy Meyer-Allbee, and Linsey Henry
Deanna Fahrmann, a long-time resident of ABCM Corporation’s Rehabilitation Center in Hampton, died after suffering severe injuries allegedly occasioned by a fall from a remote-controlled lift chair. Mrs. Fahrmann’s estate and three of her surviving family members (the Estate) brought a wrongful death action against ABCM and two of its employees (ABCM). The Estate appeals from the district court’s order granting ABCM’s motion to dismiss the action for failure to serve a certificate of merit affidavit pursuant to Iowa Code section 147.140(1). The Estate argues its initial disclosure, filed within the 60-day timeframe for filing the certificate of merit, substantially complied with the requirements of section 147.140(1) because it provided the required information and the legislature did not intend the statute would be used for dismissals of meritorious actions based on technical deficiencies.
Appellant
The Estate of Deanna Dee Fahrmann, by Executor Jeffrey A. Fahrmann, Dennis C. Fahrmann, by and through his Power of Attorney, Jeffrey A. Fahrmann, Jeffrey A. Fahrmann, and Amy J. Fahrmann
Appellee
ABCM Corporation, Kathy Meyer-Allbee, and Linsey Henry
Attorneys for the Appellant
Laura R. Luetje
William C. Strong
Bradley C. Obermeier
Attorneys for the Appellee
Tricia Hoffman-Simanek
Ross T. Andrews
Graham R. Carl
Supreme Court
Oral Argument Schedule
Non-Oral
Nov 15, 2023 9:00 AM
