Legal Opinion

Evjen v. Brooks

Supreme Court of Iowa

Decided July 31, 1985No. 84-1055PublishedCited by 6 opinions

1Opinion of the Court

LARSON, Justice.

Two defendants in a wrongful death case arising out of a car accident cross-claimed against the estate of the driver for indem nity or contribution. Summary judgment was entered for the estate on the ground the cross-claim was barred by the six-month limitation of Iowa Code section 633.-410 (1981). We reverse.

On March 14, 1982, Mark J. Pauly, the driver, and Mark Allen Evjen, his passenger, were both killed in a one-car accident. Estates were opened for both Pauly and Evjen. The six-month period for filing claims in the Pauly estate began to run on May 1, 1982, the date of…

2Cases cited17 opinions

  1. Vermeer Ex Rel. Vermeer v. SnellerSupreme Court of Iowa · 1971
  2. Baldwin v. City of WaterlooSupreme Court of Iowa · 1985
  3. Millwright v. RomerSupreme Court of Iowa · 1982
  4. Ball v. JamesSupreme Court of Iowa · 1916
  5. Samuelson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Minnesota · 1970

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3Cited by6 opinions

  1. Baldwin v. City of WaterlooSupreme Court of Iowa · 1985
  2. Kaydon Acquisition Corp. v. Custum Manufacturing, Inc.District Court, N.D. Iowa · 2004
  3. Baldwin v. City of WaterlooSupreme Court of Iowa · 1985
  4. In the Matter of the Estate of Eric Von StarkCourt of Appeals of Iowa · 2025
  5. Lemartec Engineering & Construction n/k/a Lemartec Corporation v. Advance Conveying Technologies, LLCSupreme Court of Iowa · 2020

1 more not listed; retrieve them via the Exa API.

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