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KITZINGER v. WESLEY LUMBER CO.

No. 87-93.

419 N.W.2d 739 (1987)

David E. KITZINGER, Plaintiff-Appellant, v. WESLEY LUMBER COMPANY, a Corporation, a/k/a Titonka True Value Home Center, Richard T. Kardoes, d/b/a Kardoes Construction Company, Hjelmeland Truss Corporation, and Gang-Nail Export Company, Defendants-Appellees. WESLEY LUMBER COMPANY, A Corporation, a/k/a Titonka True Value Center, Cross-Claimant, v. HJELMELAND TRUSS CORPORATION, Defendant to Cross-Claim. Richard T. KARDOES, d/b/a Kardoes Construction Company, Cross-Claimant, v. HJELMELAND TRUSS CORPORATION, Defendant to Cross-Claim.

Court of Appeals of Iowa.

December 17, 1987.

Attorney(s) appearing for the Case

C. Joseph Coleman, Jr., of Mitchell, Coleman, Perkins and Enke, Fort Dodge, for plaintiff-appellant.

Ryan J. Lynch of Lynch, Lynch, Fenchel and Doster, Wesley, for defendant-appellee Wesley Lumber Co.

James M. Stanton of Schuler, Stanton, Grabinski and Sorensen, Clear Lake, for defendant-appellee Hjelmeland Truss Corp.

Stephen G. Kersten of Kersten, Opheim and Carlson, Fort Dodge, for defendant-appellee Gang-Nail Export Co.

Heard by DONIELSON, P.J., and SCHLEGEL and HAYDEN, JJ.

HAYDEN, Judge.

Plaintiff, David Kitzinger, appeals the order of the district court granting summary judgment in favor of defendants Wesley Lumber Company, Hjelmeland Truss Corporation, and Gang-Nail Export Company. Kitzinger asserts a material issue of fact existed regarding the application of the relevant statute of limitations. Kitzinger also asserts the district court erred by denying his motion to amend his pleadings to raise issues of negligence and strict liability...

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