Mokhtarian v. GTE Midwest Inc.

McGIVERIN, Chief Justice.

Plaintiff, Michael Mokhtarian, appeals from the district court’s ruling dismissing his tort action against defendant GTE Midwest Incorporated, (GTE), because of failure to timely serve GTE with an original notice under Iowa Rule of Civil Procedure 49(a) (1995). We affirm.

I. Background facts and proceedings.

On December 30, 1993, Michael Mokhtari-an, an employee of Installation Technicians,

Inc., (ITI), was installing telephone cable in GTE offices in Lucas, Iowa, when a large spool of wire fell off a wall onto him causing injury. 1

Sometime after his accident, Mokhtarian…