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DOE v. CHERWITZ

No. 93-1269.

518 N.W.2d 362 (1994)

Jane DOE; Her Husband John Doe; and Their Minor Children, Jane Doe I and II, and John Doe I, II, and III, By Their Next Friends Jane and John Doe, Plaintiffs, v. Gordon CHERWITZ and The Davenport Clinic, Defendants.

Supreme Court of Iowa.

June 22, 1994.

Attorney(s) appearing for the Case

Robert J. Noe, Richard M. Batcher, and Jeffrey C. Kull of Bozeman, Neighbour, Patton & Noe, Moline, IL, for defendant-movant Gordon Cherwitz.

James R. Snyder, James M. Peters, and Webb L. Wassmer of Simmons, Perrine, Albright & Ellwood, Cedar Rapids, and Charles E. Miller and Amy H. Snyder for Lane & Waterman, Davenport, for defendant-movant The Davenport Clinic.

Roxanne Barton Conlin of Roxanne Barton Conlin Law Firm, Des Moines, for plaintiffs-respondents.

Considered by HARRIS, P.J., and LARSON, CARTER, SNELL, and ANDREASEN, JJ.

LARSON, Justice.

Jane Doe alleges that she was sexually assaulted in 1973 by Dr. Gordon Cherwitz during a pelvic examination at the Davenport Clinic. In 1992 Doe, with her husband and children, sued Cherwitz and the clinic. The defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted, based on Iowa's two-year statute of limitations. See<...

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