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CARLSON v. SECOND SUCCESSION, LLC

No. 20-0879.

971 N.W.2d 522 (2022)

Patricia K. CARLSON, Appellant, v. SECOND SUCCESSION, LLC, Iowa Commercial Advisors, LLC, d/b/a Cushman & Wakefield Iowa Commercial Advisors, and Jones Property Services, Inc., Appellees.

Supreme Court of Iowa.

Filed March 18, 2022.

Attorney(s) appearing for the Case

John C. Wagner of John C. Wagner Law Offices, P.C., Amana, for appellant.

Alex E. Grasso of Hopkins & Huebner, P.C., Des Moines, for appellees Second Succession, LLC, and Iowa Commercial Advisors, LLC, d/b/a Cushman & Wakefield Iowa Commercial Advisors.

Matthew G. Novak and Bradley J. Kaspar of Pickens, Barnes & Abernathy, Cedar Rapids, for appellee Jones Property Services, Inc.

McDonald, J., delivered the opinion of the court, in which Christensen, C.J., and Waterman, Mansfield, Oxley, and McDermott, JJ., joined. Appel, J., filed a dissenting opinion.

A personal injury suit must be brought within two years after the cause of action accrues. Iowa Code § 614.1(2) (2018). On January 9, 2020, Patricia Carlson filed her personal injury suit one day too late. Defendants Second Succession, LLC, Iowa Commercial Advisors, LLC, and Jones Property Services, Inc., moved to dismiss...

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