LeBEAU v. DIMIG

No. 88-1191.

446 N.W.2d 800 (1989)

Wendy LeBEAU n/k/a Wendy LaDue, Appellee, v. Diane DIMIG, Appellant.

Supreme Court of Iowa.

October 18, 1989.


Attorney(s) appearing for the Case

Thaddeus Cosgrove, Holstein, and Joe Cosgrove of Yaneff & Cosgrove, Sioux City, for appellant.

Rodney D. Vellinga of Corbett, Anderson, Corbett & Daniels, Sioux City, for appellee.

Considered by LARSON, P.J., and SCHULTZ, CARTER, LAVORATO, and ANDREASEN, JJ.


LARSON, Justice.

The issue in this case is whether a plaintiff who sustained minor injuries in an accident and several years later developed epilepsy, allegedly caused by the accident, may avoid the two-year bar of Iowa Code section 614.1(2) (1987) on the basis that her epilepsy was not "discovered" within the statutory period. The district court held that the issue of when the epilepsy was or should have been discovered was a factual issue and therefore denied summary...

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