Joanne H. White v. Jay W. Lavigne, Clayton Wilden and Katharine S. Hauser

Joanne White appeals from a final judgment of the District Court 1 for the Southern District of Iowa dismissing without prejudice her diversity malpractice action for failure to exhaust state administrative remedies. For reversal White argues that the district court erred in holding that she was required to comply with the provisions of the Iowa Tort Claims Act, Iowa Code § 25A (1983), before instituting a federal diversity action. For the reasons discussed below, we affirm the judgment of the district court.

In September 1981 White suffered a paralyzing cerebrovascular stroke two days after…