Legal Opinion

Henry v. Shober

Supreme Court of Iowa

Decided July 23, 1997No. 96-914PublishedCited by 26 opinions

1Opinion of the Court

ANDREASEN, Justice.

Plaintiffs Janice and Donald Henry filed a personal injury action against defendant Joyce Shober, four days before the expiration of the statute of limitations. However, the Henrys did not serve the original notice and petition upon Shober until 169 days after the filing of the petition. Shober filed a motion to dismiss, claiming the Henrys failed to comply with Iowa Rule of Civil Procedure 49. The Henrys claimed they were justified in the delay because settlement negotiations were ongoing at the time the petition was filed. The district court dismissed the action. We…

2Cases cited12 opinions

  1. Winters v. Teledyne Movible Offshore, Inc.Court of Appeals for the Fifth Circuit · 1985
  2. Mid-Continent Wood Products, Inc. v. Lawrence A. HarrisCourt of Appeals for the Seventh Circuit · 1991
  3. Andrea Geiger v. Donald AllenCourt of Appeals for the Seventh Circuit · 1988
  4. Cutler v. Klass, Whicher & MishneSupreme Court of Iowa · 1991
  5. Vincent v. Reynolds Memorial Hospital, Inc.District Court, N.D. West Virginia · 1992

7 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Meier v. SENECAUT IIISupreme Court of Iowa · 2002
  2. Ritz v. Wapello County Board of SupervisorsSupreme Court of Iowa · 1999
  3. Sharece Rucker v. Mike Taylor and Sherie TaylorSupreme Court of Iowa · 2013
  4. Carroll v. MartirSupreme Court of Iowa · 2000
  5. Wilson v. RibbensSupreme Court of Iowa · 2004

21 more not listed; retrieve them via the Exa API.

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