Callahan v. State

The majority opinion applied the discovery rule to claims brought under Iowa Code section 25A.13 (1987). In this case, the State argued, under the admitted facts, that plaintiff failed to support her position that the discovery rule was applicable. I agree with the State’s position and would not have addressed the discovery rule. Even if I would have addressed the discovery rule, I would not have applied the rule to section 25A.13.

We recently refused to apply the tolling provision of Iowa Code section 614.8 to the claim of a minor under section 25A.13. Harden v. State, 434 N.W.2d 881, 884…