Watch Oral Arguments Live
Marleny Rivas
v.
Derek Brownell and Lindsey Wessel
Marleny Rivas sued Derek Brownell and Lindsey Wessel for injuries she suffered as a result of an automobile accident on August 4, 2018. Her suit was filed on October 16, 2020—beyond the two-year statute of limitations, but within the Iowa Supreme Court’s COVID-19 pandemic supervisory order tolling period. The defendants moved for summary judgment, arguing that the petition was untimely filed because the Iowa Supreme Court’s tolling provision was ineffectual since it violated the separation of powers. The district court granted the motion, holding that the Iowa Supreme Court lacked the authority to toll the statute of limitations. Rivas appeals and argues that it was within the court’s authority to toll the statute of limitations; and even if the court lacked authority to enter the supervisory orders, the petition was timely filed based on equitable tolling.
Appellant
Marleny Rivas
Appellee
Derek Brownell and Lindsey Wessel
Attorney for the Appellant
Christopher Johnston
Attorneys for the Appellee
Jack W. Leverenz
Allison J. Frederick
Nicholas P. Moreland
Anna M. Hardin Staveley
Kent A. Gummert
Supreme Court
Oral Argument Schedule
15-15-5
Sep 12, 2024 9:00 AM
