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BANWART v. NEUROSURGERY OF NORTH IOWA, P.C.

No. 24-0027.

Marlene Banwart and Richard Banwart, Appellants, v. Neurosurgery of North Iowa, P.C., David Beck, and Thomas Getta, Appellees.

Supreme Court of Iowa.

Filed March 7, 2025.

Attorney(s) appearing for the Case

Andrew B. Howie of Shindler, Anderson, Goplerud & Weese, P.C., West Des Moines, for appellants.

Frederick T. Harris, Ryan P. Tunink, and Theodore T. Appel (until withdrawal) of Lamson Dugan & Murray LLP, West Des Moines, for appellees David Beck and Neurosurgery of North Iowa, P.C.

Desirée A. Kilburg and Paul J. Esker of Bradley & Riley PC, Iowa City, for appellee Thomas Getta.

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

All parties in this case have appealed from the district court's rulings on cross-motions for summary judgment. The plaintiffs filed this medical malpractice action in 2020 over two years after the surgery and postoperative care at issue. Our court's emergency supervisory orders had temporarily tolled the statute of limitations...

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