Hansen v. State

SCHULTZ, Justice.

This action arose under the Iowa Tort Claims Act, ch. 25A, The Code 1977. We must determine when an action commences for the purpose of tolling the time limitations stated in section 25A.13. Plaintiffs claim this occurs when a petition is filed. Defendant asserts that service on the attorney general is the necessary act. These two positions were presented to the trial court in a proceeding upon defendant’s motion for summary judgment. The trial court ruled that the statute was not tolled until service was obtained on the attorney general and entered summary. judgment…