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ANTOLIK v. McMAHON

No. 06-0918.

744 N.W.2d 82 (2007)

Mark D. ANTOLIK, Appellant v. Tara J. McMAHON, Appellee.

Supreme Court of Iowa.

Rehearing Denied February 12, 2008.

Attorney(s) appearing for the Case

Chad A. Swanson of Dutton, Braun, Staack & Hellman, P.L.C., Waterloo, for appellant.

E. David Wright of Gilloon, Wright & Hamel, P.C., Dubuque, for appellee.

LARSON, Justice.

Mark Antolik sued Tara McMahon for damages sustained in a motor vehicle accident. Antolik's suit was filed on July 29, 2005, but he did not serve an original notice on the defendant until December 29, 2005, well beyond the ninety-day period provided for service of notice under Iowa Rule of Civil Procedure 1.302(5). The district court granted the defendant's motion for summary judgment and dismissed the case, concluding that the issue of timeliness...

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