FLYNN v. LUCAS COUNTY MEMORIAL HOSPITAL

No. 55103.

203 N.W.2d 613 (1973)

Martin FLYNN, Appellant, v. LUCAS COUNTY MEMORIAL HOSPITAL and Frances Brunner, Appellees.

Supreme Court of Iowa.

January 17, 1973.


Attorney(s) appearing for the Case

Webster, Jordan & Oliver, by Lewis H. Jordan, Winterset, for appellant.

Ahlers, Cooney, Dorweiler, Allbee & Haynie, by H. Richard Smith, Des Moines, for appellees.

Considered en banc.


McCORMICK, Justice.

This is a malpractice action brought by a patient against a nurse and her hospital-employer. Defendants moved for summary judgment alleging the action was barred by plaintiff's failure to give notice of his claim within 60 days of injury as required by Code § 613A.5. Plaintiff resisted on the theory the notice requirements were inapplicable to his claim against the nurse and that his notice to the hospital was timely because given within 60...

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