In a petition filed on October 16, 2020, Marleny Rivas alleged she was injured by Derek Brownell and Lindsey Wessel as a result of an automobile accident on August 4, 2018, and sought damages from both based on negligence. Mr. Brownell and Ms. Wessel filed motions for summary judgment, arguing Ms. Rivas’s petition had been filed beyond the two-year statute of limitations in Iowa Code section 614.1(2) because the Iowa Supreme Court’s supervisory orders in response to the COVID-19 pandemic, which tolled statutes of limitation and repose, were unconstitutional. Rivas argues State v. Basquin, 970 N.W.2d 643 (Iowa 2022), controls the outcome here; the court’s supervisory orders did not violate the separation-of-powers doctrine; and even if the court lacked authority to enter the supervisory orders, the petition was timely filed based on equitable tolling.

County:

Polk

Trial Court Case No.:

LACL148935