VAN OVERBEKE v. YOUBERG

No. 302/94-89.

540 N.W.2d 273 (1995)

Kim VAN OVERBEKE, Appellant, v. David R. YOUBERG d/b/a Miller & Youberg Medical Associations, P.C. n/k/a Sac Family Medical Associations, P.C., and Loring Hospital, Appellees.

Supreme Court of Iowa.

Rehearing Denied December 15, 1995.


Attorney(s) appearing for the Case

William R. King, Kris Holub Smith, and William D. Thomas of Davis, Brown, Koehn & Shors, P.C., Des Moines, for appellant.

Maurice B. Nieland of Rawlings, Nieland, Probasco, Killinger, Ellwanger, Jacobs & Mohrhauser, Sioux City, for appellee David R. Youberg.

Joseph L. Fitzgibbons of Fitzgibbons Brothers, Estherville, for appellee Miller & Youberg Medical Associates, P.C. n/k/a Sac Family Associations, P.C.

John M. French and Frederick T. Harris of Kennedy, Holland, DeLacy & Svoboda, Council Bluffs, for appellee Loring Hospital.

Considered by LARSON, P.J., and CARTER, NEUMAN, ANDREASEN, and TERNUS, JJ.


LARSON, Justice.

This is an appeal from a judgment for the defendants in a medical malpractice case. The plaintiff raises several substantive issues, but one of those issues is dispositive of the case: the plaintiff's failure to bring the action within six years after the alleged acts of negligence. Iowa Code § 614.1(9) (1991). The jury found that the plaintiff had not established her claim of fraudulent concealment so as to avoid the time bar of that section...

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