Wolder v. Rahm
Supreme Court of Iowa
1Opinion of the Court
REYNOLDSON, Justice.
In this appeal we confront the issue whether a person whose probate claim has become barred by failure to file the statutory request for hearing following its disal-lowance may thereafter maintain a civil action against the personal representative based on the same tort.
Dr. Herbert C. Merillat, a specialist in internal medicine and psychiatry, died January 13, 1974. An estate was opened on petition of this plaintiff as creditor.
June 4, 1974, plaintiff filed a $150,000 claim in Merillat’s estate, alleging malpractice in prescribing and administering overdoses of various…
2Cases cited15 opinions
- B & B Asphalt Co. v. T. S. McShane Co.Supreme Court of Iowa · 1976
- Farmers Insurance Group v. MerryweatherSupreme Court of Iowa · 1974
- Reed v. AlbaneseAppellate Court of Illinois · 1966
- Smith v. Iowa Employment Security CommissionSupreme Court of Iowa · 1973
- Stucker v. County of MuscatineSupreme Court of Iowa · 1958
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3Cited by24 opinions
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- Baldwin v. City of WaterlooSupreme Court of Iowa · 1985
- In the Matter of the Estate of Johnny VAJGRT, Deceased, Bill Ernst, Inc., Intervenor-AppellantSupreme Court of Iowa · 2011
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