Sorensen Ex Rel. Sorensen v. Shaklee Corp.

HARRIS, Justice.

May plaintiffs dismiss their tort suit without prejudice after defendant’s motion for summary judgment has been submitted, but not yet ruled upon? The question turns on whether a summary judgment proceeding is a trial under Iowa rule of civil procedure 215. The trial court determined that it is and voided plaintiffs’ attempt to dismiss their suit. We reverse.

Plaintiffs are parents of two severely retarded children. On behalf of the children they brought this products liability suit against defendant Shaklee Corporation, the manufacturer of alfalfa tablets which both parents…