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SCHMIDT v. MAHONEY

No. 01-1881.

659 N.W.2d 552 (2003)

Wendy Jane SCHMIDT, Individually and as Next Friend of Dylan Schmidt, Minor, Appellant, v. Mark MAHONEY, Appellee.

Supreme Court of Iowa.

April 2, 2003.

Attorney(s) appearing for the Case

Gregory T. Racette and Marci B.H. Tooman of Hopkins & Huebner, P.C., Des Moines, for appellant.

Steve Scharnberg, Thomas A. Finley, and Tamara K. Hackmann of Finley, Alt, Smith, Scharnberg, Craig, Hilmes & Gaffney, P.C., Des Moines, for appellee.

CARTER, Justice.

Plaintiff, Wendy Jane Schmidt, was injured when an approaching driver experienced a seizure, lost control of her vehicle, and crashed into the motor vehicle occupied by plaintiff. Plaintiff appeals an order sustaining a motion to dismiss in her action against Dr. Mark Mahoney, a physician who allegedly advised the seizure victim concerning her ability to operate a motor vehicle. The district court sustained Dr. Mahoney's motion to dismiss on the ground...

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