LeBeau v. Dimig

LARSON, Justice.

The issue in this case is whether a plaintiff who sustained minor injuries in an accident and several years later developed epilepsy, allegedly caused by the accident, may avoid the two-year bar of Iowa Code section 614.1(2) (1987) on the basis that her epilepsy was not “discovered” within the statutory period. The district court held that the issue of when the epilepsy was or should have been discovered was a factual issue and therefore denied summary judgment. The court of appeals reversed, holding that the two-year period began with the original injuries on the date of the…