Legal Opinion

Wolder v. Rahm

Supreme Court of Iowa

Decided January 19, 1977No. 2-57863PublishedCited by 24 opinions

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

  1. B & B Asphalt Co. v. T. S. McShane Co.Supreme Court of Iowa · 1976
  2. Farmers Insurance Group v. MerryweatherSupreme Court of Iowa · 1974
  3. Reed v. AlbaneseAppellate Court of Illinois · 1966
  4. Smith v. Iowa Employment Security CommissionSupreme Court of Iowa · 1973
  5. Stucker v. County of MuscatineSupreme Court of Iowa · 1958

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3Cited by24 opinions

  1. Hofer v. LavenderTexas Supreme Court · 1984
  2. Rowen v. Le Mars Mut. Ins. Co. of IowaSupreme Court of Iowa · 1979
  3. Pringle Tax Service, Inc. v. KnoblauchSupreme Court of Iowa · 1979
  4. Baldwin v. City of WaterlooSupreme Court of Iowa · 1985
  5. In the Matter of the Estate of Johnny VAJGRT, Deceased, Bill Ernst, Inc., Intervenor-AppellantSupreme Court of Iowa · 2011

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