Marlene Banwart and Richard Banwart
v.
Neurosurgery of North Iowa, P.C., David Beck, M.D., and Thomas Getta, M.D.,
Plaintiffs appeal from a summary judgment dismissing their medical malpractice action as barred by the two-year statute of limitations of Iowa Code section 614.1(9) (2020). Plaintiffs contend the district court erred in finding the supreme court’s 2020 supervisory orders temporarily tolling the statute of limitations due to the Covid-19 pandemic violated the doctrine of separation of powers under the Iowa Constitution and were invalid. Defendants cross-appeal, asserting: (1) the action was untimely regardless of the constitutionality of the supervisory orders; and (2) the district court erred by finding plaintiffs’ unsworn certificate of merit affidavits required by Iowa Code section 147.140 substantially complied with that statute.
Appellant
Marlene Banwart and Richard Banwart
Appellee
Neurosurgery of North Iowa, P.C., David Beck, M.D., and Thomas Getta, M.D.,
Attorney for the Appellant
Andrew B. Howie
Attorneys for the Appellee
Frederick T. Harris
Theodore T. Appel
Desiree A. Kilburg
Paul J. Esker
Supreme Court
Oral Argument Schedule
Non-Oral
Nov 13, 2024 9:00 AM
