880 N.W.2d 451
Iowa2016Background
- Paul Gray, treated by Dr. Daniel Baldi for addiction/pain management from 2005, died of an overdose on May 24, 2010; wife Brenna was pregnant and later gave birth to daughter O.D.G.
- Brenna (as administrator of Paul’s estate) filed a wrongful-death suit on Feb. 14, 2014 asserting: estate’s wrongful-death claim, Brenna’s spousal loss-of-consortium claim, and daughter O.D.G.’s parental loss-of-consortium claim.
- Defendants moved for summary judgment arguing all claims were time‑barred under Iowa Code § 614.1(9): wrongful‑death and spousal claims under subsection (a) (two‑year rule measured from knowledge of death) and child’s claim not entitled to tolling under subsection (b) because O.D.G. was in utero at the time of death.
- Brenna relied on Rathje’s discovery‑rule formulation (limitations tolled until plaintiff knows injury and its factual cause) and filed an affidavit denying she knew of a causal nexus more than two years before suit; defendants relied on Brenna’s prior sworn testimony (including meetings with a state investigator in Jan. 2012) showing she knew or should have known earlier.
- The district court granted summary judgment for defendants on all claims; Iowa Supreme Court affirmed in part, reversed in part, and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether discovery rule (Rathje) applies to toll § 614.1(9)(a) wrongful‑death/spousal claims | Apply Rathje uniformly; limitations toll until knowledge of injury and factual cause | Schultze controls: limitations run from date of death for wrongful‑death claims; Rathje limited to nonfatal injuries | Court declined to decide issue generally but held that even applying discovery rule plaintiff’s wrongful‑death and spousal claims were untimely as a matter of law under these facts |
| Whether Brenna’s claims were timely given her prior testimony and contacts with investigator | Brenna’s affidavit asserts she did not discover causal connection until within two years before filing | Defendants cite Brenna’s earlier deposition/trial testimony (concerns pre‑death; meetings with DIA investigator Jan. 2012) to show she knew or should have known earlier | Summary judgment for defendants on estate’s wrongful‑death and Brenna’s spousal consortium claims affirmed; court applied the contradictory‑affidavit rule to disregard Brenna’s later affidavit and found claims untimely |
| Whether a child conceived before but born after parent’s death qualifies for parental consortium and tolling under § 614.1(9)(b) | O.D.G. argues subsection (b) protects children born after the parent’s death if conceived before death; parity/equal‑protection concerns | Defendants argue “minor under age eight when occurrence occurred” excludes fetuses; no consortium until born | Court held parental consortium claim may proceed: a child conceived before death and born later is a ‘‘minor’’ for § 614.1(9)(b) purposes because the consortium injury arises upon birth; district court erred in dismissing O.D.G.’s claim |
| Whether a later affidavit contradicting earlier sworn testimony can create a triable issue | Brenna asserted later affidavit should create fact dispute about when she knew causal link | Defendants argued the affidavit contradicts prior sworn testimony and is a sham/contradictory affidavit not raising genuine issue | Court adopted a contradictory‑affidavit rule: such unexplained, clear contradictions will be disregarded; applied it here to reject Brenna’s affidavit |
Key Cases Cited
- Rathje v. Mercy Hospital, 745 N.W.2d 443 (Iowa 2008) (articulating discovery rule: accrual upon actual or imputed knowledge of injury and its factual cause)
- Schultze v. Landmark Hotel Corp., 463 N.W.2d 47 (Iowa 1990) (holding malpractice wrongful‑death actions must be brought within two years after claimant knew of the death)
- Dunn v. Rose Way, Inc., 333 N.W.2d 830 (Iowa 1983) (recognizing parents’ consortium interest includes unborn persons)
- Doe v. Cherwitz, 518 N.W.2d 362 (Iowa 1994) (holding children neither born nor conceived at time of parent’s injury have no consortium claim)
- Christy v. Miulli, 692 N.W.2d 694 (Iowa 2005) (discussing § 614.1(9)(b) tolling/protection for minors in medical‑care claims)
- LaFage v. Jani, 766 A.2d 1066 (N.J. 2001) (applying discovery rule but finding wrongful‑death claim untimely where plaintiff knew basis for malpractice claim more than two years before filing)