KESTEL v. KURZAK

No. 10-1272.

803 N.W.2d 870 (2011)

Joseph W. KESTEL, Plaintiff-Appellant/Cross-Appellee, v. John F. KURZAK, John P. Perdue and The Diocese of Sioux City, Defendants-Appellees/Cross-Appellants.

Court of Appeals of Iowa.

July 13, 2011.


Attorney(s) appearing for the Case

Patrick Hopkins , West Des Moines, and R. Scott Rhinehart , Sioux City, for appellant.

James Redmond and Michael Ellwanger , Sioux City, for appellees.

Heard by VAITHESWARAN, P.J., and POTTERFIELD and TABOR, JJ.


TABOR, J.

Today we are asked to decide whether a victim of alleged sexual abuse timely filed his lawsuit against John Kurzak, a Roman Catholic priest; John Perdue, a former priest; and the Diocese of Sioux City. Joseph Kestel appeals from the grant of summary judgment to these defendants on their statute-of-limitations claim. Kestel commenced his action in 2008 based upon incidents of sexual abuse that allegedly occurred in 1982 and 1983. The district court applied...

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