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OSWALD v. LeGRAND

No. 89-166.

453 N.W.2d 634 (1990)

Susan OSWALD and Larry Oswald, Individually and as Administrators of the Estate of Natalie Sue Oswald, Appellants, v. Larry R. LeGRAND, Barry Smith, Christopher Clark, and Mercy Health Center, Appellees.

Supreme Court of Iowa.

As Amended on Denial of Rehearing April 12, 1990.

Attorney(s) appearing for the Case

Tom Riley and Sara Riley Brown of the Tom Riley Law Firm, P.C., Cedar Rapids, for appellants.

David L. Hammer and Angela C. Simon of Hammer & Simon, Dubuque, for appellees Larry R. LeGrand, Barry Smith and Christopher Clark.

Alfred E. Hughes of Hughes & Trannel, Dubuque, for appellee Mercy Health Center.

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

NEUMAN, Justice.

This appeal challenges a grant of summary judgment for medical professionals in a case involving the spontaneous abortion of a 19-22 week-old fetus. The trial court barred the plaintiffs from introducing expert testimony due to their failure to timely designate an expert in accordance with Iowa Code section 668.11(2) (1987). Accordingly, the district court determined that plaintiffs could not generate a material issue of fact concerning the defendants...

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