SCHARK v. GORSKI

No. 87-155.

421 N.W.2d 527 (1988)

Terry L. SCHARK, Kevin W. Schark, and Travis Dale Schark, a Minor by his Mother and Next Friend, Terry Lynn Schark, Appellees, v. Frank GORSKI, Ali Kholeif, and North Anesthesiology, Inc., P.C., Appellants.

Supreme Court of Iowa.

April 13, 1988.


Attorney(s) appearing for the Case

M.H. Pothoven and Mindy J. Morse of Clements, Pothoven, Pabst & Stravers, Oskaloosa, for appellants.

H. Alan Bowers of Baird, Bowers & Wilson, Des Moines, for appellees.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, LAVORATO, and ANDREASEN, JJ.


HARRIS, Justice.

This medical malpractice suit was dismissed by plaintiffs before trial but after completion of extensive and expensive discovery. Defendants contend the discovery costs should be taxed to plaintiffs. They appeal from a trial court determination that there is no authority to tax costs of discovery when a suit is dismissed prior to trial. We affirm.

Defendants administered anesthesia to plaintiff...

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