Iowa Supreme Court · No. 22-0365
Susan Ronnfeldt v. Shelby County Chris A. Myrtue Memorial Hospital d/b/a Myrtue Medical Center and Shelby County Medical Corp.
Decided January 6, 2023 · appeal from Shelby County · Government
What the court decided
AI summary A person filed a medical malpractice lawsuit but later voluntarily withdrew the case. The district court overturned that withdrawal and instead dismissed the case permanently because the person failed to file a required legal document on time. The Iowa Supreme Court reversed that decision, meaning the original dismissal of the lawsuit stands.1
Result: REVERSED
The court’s own summary
Plaintiff appeals from a district court order granting defendants’ motion to dismiss her medical malpractice action with prejudice based on her failure to timely serve the certificate of merit affidavit required by Iowa Code section 147.140(1)(a) (2021). Plaintiff contends the court erred by ruling on defendants’ motion after she had voluntarily dismissed her action without prejudice pursuant to Iowa Rule of Civil Procedure 1.943. Shelby County Chris A. Myrtue Memorial Hospital d/b/a Myrtue Medical Center and Shelby County Medical Corp.
Holding: The plaintiff appeals from the district court’s order vacating the plaintiff’s prior voluntary dismissal of her medical malpractice action without prejudice and dismissing the plaintiff’s case with prejudice. REVERSED.
Judges
- Written by Justice Dana Oxley
- Trial judge: Richard H. Davidson, Shelby County
Iowa Code it cites
§135P.1§147.139§147.140§4.7§657.11§670.4A
Each links to the bills that change that chapter.