Harriet Beilke and Ralph Beilke v. Larry D. Droz, John E. Gegner and Beverly Gegner

Plaintiffs-appellants appeal from the district court’s 1 holding by summary judgment that Iowa’s two-year statute of limitations applied to plaintiffs’ tort action and that Iowa’s “Failure of Action” statute, Iowa Code § 614.10, was not applicable. It appeared that the Iowa Supreme Court had not passed on the issue involved. We, therefore, certified the question of law presented to the Iowa Supreme Court. Having received their answer, we reverse and remand for further proceedings.

This is a consolidated personal injury and wrongful death action arising out of an accident which took place in…