Watch Oral Arguments Live
Charlene Jorgensen and Michael Jorgensen
v.
Adam B. Smith, M.D., Adam B. Smith, M.D., P.C., and Tri-State Specialists, LLP
Following the court’s decision in Jorgensen v. Smith, 2 N.W.3d 868 (Iowa 2024) (“Jorgensen I”), appellant Tri-State Specialists, LLP, renewed its partial motion for summary judgment, arguing the Jorgensens’ negligent-retention claim requires expert testimony and the Jorgensens failed to file a certificate of merit regarding that claim under Iowa Code section 147.140(6). In addition, all of the appellants (“Smith”) moved for summary judgment, arguing the Jorgensens’ certificate of merit (“COM”) for the medical malpractice claim did not comply with Iowa Code section 147.140. The district court denied the motions. This court granted interlocutory review. Smith argues the district court erred by finding the Jorgensens’ certificate of merit substantially complied with section 147.140, and that Smith waived a challenge to the Jorgensens’ COM. They also contend the district court erred by failing to rule as a matter of law the Jorgensens were required to file a certificate of merit affidavit as to their negligent-retention claim.
Appellee
Charlene Jorgensen and Michael Jorgensen
Appellant
Adam B. Smith, M.D., Adam B. Smith, M.D., P.C., and Tri-State Specialists, LLP
Attorneys for the Appellee
William D. Sims
Michael D. Bornitz
Attorneys for the Appellant
Jeff W. Wright
Zack A. Martin
Supreme Court
Oral Argument Schedule
15-15-5
Dec 16, 2025 9:00 AM
Briefs
Court of Appeals
Oral Argument Schedule
Apr 11, 2023 9:00 AM