Ehlinger Ex Rel. Ehlinger v. Mardorf

McCORMICK, Justice.

In this case of first impression we must determine whether a minor is “incapacitated” within the meaning of section 123.93, The Code 1977, the notice of claim provision of the dram shop statute. The trial court held minority is not incapacity and also upheld the statute on constitutional grounds. Summary judgment was entered for the dram shop defendants because plaintiff did not give notice of her intention to bring suit to the dram shops or their insurers within six months of her injury. We reverse on the ground that a minor is incapacitated within the meaning of the…