Reed Dickey, Michael Dickey, and Andrea Dickey v. Jeremy Hoff, Jennie Edmundson Memorial Hospital, Methodist Jennie Edmundson Hospital, Loess Hills Behavioral Health, Emily Gorman, Jeff Rutledge, the School District of Lincoln, a/k/a Lincoln Public Schools

CourtSupreme Court of Iowa
DecidedOctober 21, 2022
Docket21-0859
StatusPublished

This text of Reed Dickey, Michael Dickey, and Andrea Dickey v. Jeremy Hoff, Jennie Edmundson Memorial Hospital, Methodist Jennie Edmundson Hospital, Loess Hills Behavioral Health, Emily Gorman, Jeff Rutledge, the School District of Lincoln, a/k/a Lincoln Public Schools (Reed Dickey, Michael Dickey, and Andrea Dickey v. Jeremy Hoff, Jennie Edmundson Memorial Hospital, Methodist Jennie Edmundson Hospital, Loess Hills Behavioral Health, Emily Gorman, Jeff Rutledge, the School District of Lincoln, a/k/a Lincoln Public Schools) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Reed Dickey, Michael Dickey, and Andrea Dickey v. Jeremy Hoff, Jennie Edmundson Memorial Hospital, Methodist Jennie Edmundson Hospital, Loess Hills Behavioral Health, Emily Gorman, Jeff Rutledge, the School District of Lincoln, a/k/a Lincoln Public Schools, (iowa 2022).

Opinion

IN THE SUPREME COURT OF IOWA

No. 21–0859

Pottawattamie County No. LACV121204

ORDER CLERK OF SUPREME COURT

REED DICKEY, MICHAEL DICKEY, and ANDREA DICKEY,

Appellants,

vs.

JEREMY HOFF, JENNIE EDMUNDSON MEMORIAL HOSPITAL, METHODIST JENNIE EDMUNDSON HOSPITAL, LOESS HILLS BEHAVIORAL HEALTH, JEFF RUTLEDGE, THE SCHOOL DISTRICT OF LINCOLN a/k/a LINCOLN PUBLIC SCHOOL, and EMILY GORMAN,

Appellees.

The court, McDermott, J., taking no part, being evenly divided, declares OCT 21, 2022

this case affirmed by operation of law. See Iowa Code § 602.4107 (2022).

The district court’s ruling on the statute of limitations required dismissal

of the entire action. McDonald, Oxley, and May, JJ., would affirm the judgment

of the district court on the statute of limitations; Christensen, C.J., and ELECTRONICALLY FILED

Waterman and Mansfield, JJ., would reverse the judgment of the district court

on that issue. See State v. Effler, 769 N.W.2d 880, 884 (Iowa 2009) (“[W]hen the

supreme court is equally divided . . . , the decision of the district court is affirmed

by operation of law.”).

Copies to:

Dominic F. Pechota Trial Lawyers for Justice, P.C. 421 W. Water St., Third Floor Decorah, IA 52101

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Webb L. Wassmer Wassmer Law Office, PLC 5320 Winslow Road Marion, IA 52302

Jason W. Miller Brittany N. Salyars Patterson Law Firm, L.L.P. 505 5th Avenue, Suite 729 Des Moines, IA 50309

Anthony L. Osborn Gehling Osborn Law Firm, PLC 600 4th Street, Suite 900 Sioux City, IA 51101

Robert A. Mooney Mooney, Lenaghan, Westberg Dorn, LLC 450 Regency Parkway, Suite 320 Omaha, NE 68114

Joshua J. Schauer Perry, Guthery, Haase & Gessford, P.C., L.L.O. 233 South 13th Street, Suite 1400 Lincoln, NE 68508

2 of 3 State of Iowa Courts Case Number Case Title 21-0859 Dickey v. Hoff So Ordered

Electronically signed on 2022-10-21 08:15:00

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Related

State v. Effler
769 N.W.2d 880 (Supreme Court of Iowa, 2009)

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Reed Dickey, Michael Dickey, and Andrea Dickey v. Jeremy Hoff, Jennie Edmundson Memorial Hospital, Methodist Jennie Edmundson Hospital, Loess Hills Behavioral Health, Emily Gorman, Jeff Rutledge, the School District of Lincoln, a/k/a Lincoln Public Schools, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-dickey-michael-dickey-and-andrea-dickey-v-jeremy-hoff-jennie-iowa-2022.