Opinion
No. 10 / 02-2051
May 12, 2004.
Appeal from the Iowa District Court for Polk County, Eliza J. Ovrom, Judge.
On review from the Iowa Court of Appeals.
Patient who brought action against doctors, a professional corporation, and a hospital-affiliated clinic seeking recovery for malpractice appeals from adverse summary judgment resulting from finding that her claim was barred by the statute of limitations. The court of appeals affirmed the district court. DECISION OF COURT OF APPEALS AND JUDGMENT OF DISTRICT COURT AFFIRMED.
Jerry Crawford and Jim Quilty of Crawford Law Firm, Des Moines, for appellant.
John D. Hilmes and Kermit B. Anderson of Finley, Alt, Smith, Scharnberg, Craig, Hilmes Gaffney, P.C., Des Moines, for appellees William John Yost and Iowa Physicians Clinic Medical Foundation d/b/a Integra Health.
Roy M. Irish and Robin L. Hermann of Patterson, Lorentzen, Duffield, Timmons, Irish, Becker Ordway, L.L.P., Des Moines, for appellees Andrew Bean and Dermatology, P.C.
Plaintiff, Patricia Caswell, who brought an action for medical malpractice against two doctors, a professional corporation, and a hospital-affiliated clinic, has appealed from an adverse summary judgment resulting from the district court's finding that her claims were barred by the statute of limitations contained in Iowa Code section 614.1(9) (1997). The appellees are Dr. William John Yost, Iowa Physicians Clinic Medical Foundation d/b/a Integra Health, Dr. Andrew Bean, and Dermatology, P.C. The court of appeals affirmed the judgment of the district court.
After reviewing the record and considering the arguments presented, the justices are equally divided on the issue of whether it may be determined on the undisputed facts that plaintiff's claim is barred. Consequently, the decision of the court of appeals and the judgment of the district court are affirmed by operation of law pursuant to Iowa Code section 602.4107 (2003). DECISION OF COURT OF APPEALS AND JUDGMENT OF DISTRICT COURT AFFIRMED.
Justices Larson, Carter, and Cady would affirm the judgment of the district court. Chief Justice Lavorato and Justices Streit and Wiggins would reverse that judgment.
Ternus, J., takes no part.