FURNALD v. HUGHES

No. 10-0180.

804 N.W.2d 273 (2011)

Charles FURNALD, Appellant, v. Anthony HUGHES and Emcasco Insurance Company, Appellees.

Supreme Court of Iowa.

September 30, 2011.


Attorney(s) appearing for the Case

David A. Hirsch of Harding Law Office, Des Moines, for appellant.

Jon A. Vasey of Elverson, Vasey & Peterson, L.L.P., Des Moines, for appellee Hughes.

C. Scott Wormsley of Bradshaw, Fowler, Proctor, and Fairgrave, P.C., Des Moines, for appellee EMCASCO.


APPEL, Justice.

This case requires that we consider the scope of Iowa's savings statute that continues the deadline imposed by the statute of limitations for six months when "the plaintiff, for any cause except negligence in its prosecution, fails therein." Iowa Code § 614.10 (2009). In this case, the plaintiff brought a personal injury action arising out of an automobile accident. The plaintiff voluntarily dismissed the action eleven days prior to trial in order...

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