Terri Rivera v. Woodward Resource Center and State of Iowa

830 N.W.2d 724, 35 I.E.R. Cas. (BNA) 1168, 2013 Iowa Sup. LEXIS 52, 2013 WL 1922860
CourtSupreme Court of Iowa
DecidedMay 10, 2013
Docket11–1784
StatusPublished
Cited by24 cases

This text of 830 N.W.2d 724 (Terri Rivera v. Woodward Resource Center and State of Iowa) 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.

Bluebook
Terri Rivera v. Woodward Resource Center and State of Iowa, 830 N.W.2d 724, 35 I.E.R. Cas. (BNA) 1168, 2013 Iowa Sup. LEXIS 52, 2013 WL 1922860 (iowa 2013).

Opinions

CADY, Chief Justice.

In this appeal, we must decide if a plaintiff satisfied the statute of limitations under the Iowa Tort Claims Act (ITCA). Initially, the district court dismissed the plaintiffs first tort action against the State for failing to first exhaust administrative remedies under the Act. She subsequently filed a second action in district court within six months of the dismissal of the first action and more than two years from the time the action accrued but within six months of the dismissal of an administrative claim, which was filed under the Act within six months after the dismissal of the first tort action. The district court held that the plaintiff failed to comply with the statute of limitations and dismissed the second lawsuit. On appeal, we transferred the case to the court of appeals. The court of appeals reversed the decision of the district court. On further review, we vacate the decision of the court of appeals, reverse the judgment of the district court, and remand the case for further proceedings. We conclude the second lawsuit filed by plaintiff satisfied the savings clause of the statute of limitations under the Act.

I. Background Facts and Proceedings.

Terry Rivera was employed at the Woodward Resource Center, a home for the disabled administered by the Iowa Department of Human Services. She was terminated from her employment on October 3, 2006, after she allegedly reported to her supervisor that another employee engaged in abusive conduct.

Rivera filed a wrongful discharge suit against the State in district court on September 26, 2008. She claimed she was discharged in violation of public policy. The State moved to dismiss the action for failing to exhaust administrative remedies as required by the ITCA. Rivera did not file an administrative claim against the State prior to filing the lawsuit, believing she was not required to proceed under the [726]*726ITCA because her claim was not based on personal injury. The district court granted the motion on November 10 and dismissed the case. It held the claim was a tort subject to the Act and that Rivera was required under the ITCA to pursue an administrative claim before filing her lawsuit in district court. See Iowa Code § 669.2(3)(a) (2007) (defining a “claim” under the Act); id. § 669.5 (identifying the administrative procedural requirements to be followed under the Act).

Rivera filed a claim with the state appeals board on November 25. On June 16, 2009, the board denied Rivera’s claim.1 On July 8, Rivera filed her lawsuit in district court a second time. In its answer, the State denied many of Rivera’s allegations and interposed a number of affirmative defenses, including the statute of limitations and failure to exhaust administrative remedies.

The State subsequently moved for summary judgment. It claimed Rivera failed to file her lawsuit within two years from the time the action accrued pursuant to the two-year statute of limitations period under Iowa Code section 669.13. Rivera asserted her action was timely filed because the savings clause found in section 669.13(2) permitted her to file the lawsuit within six months of the denial by the state appeals board of her administrative claim, which she filed within six months of the time the district court dismissed her original lawsuit for failing to first present her claim to the state appeals board. The district court found the savings clause only applied to improvidently filed claims not brought under the ITCA, and the clause was not activated when the district court dismissed her original lawsuit brought under the Act for failing to exhaust her administrative remedies. The district court granted the motion to dismiss.

Rivera appealed, and we transferred the ease to the court of appeals. The court of appeals reversed the decision of the district court. It concluded the savings clause applied and the action was timely filed. It found section 669.13(2) gave Rivera six months to file her lawsuit after the state appeals board denied her administrative claim.2 The State sought, and we granted, further review.

[727]*727II. Standard of Review.

We review a ruling by the district court on a motion for summary judgment for correction of legal errors. Wallace v. Des Moines Indep. Cmty. Sch. Dist. Bd. of Dirs., 754 N.W.2d 854, 857 (Iowa 2008); see also Iowa R.App. P. 6.907. A district court may enter summary judgment only when no genuine issues of material of fact exist and the moving party is entitled to judgment as a matter of law. See Iowa R. Civ. P. 1.981(3). The facts are viewed in the light most favorable to the nonmoving party. Garofalo v. Lambda Chi Alpha Fraternity, 616 N.W.2d 647, 649 (Iowa 2000).

III. Analysis.

Under the common law, the State enjoyed sovereign immunity from suits sounding in tort. See Boyer v. Iowa High Sch. Athletic Ass’n, 256 Iowa 337, 347-48, 127 N.W.2d 606, 612 (1964). This immunity, however, was partially waived by our legislature under the Iowa Tort Claims Act. Iowa Code § 669.4; see also 1965 Iowa Acts ch. 79 (currently codified as amended at Iowa Code ch. 669) (adding the Iowa Tort Claims Act). Now, a claim may be brought

against the state of Iowa for money only, on account of damage to or loss of property or on account of personal injury or death, caused by the negligent or wrongful act or omission of any employee of the state while acting within the scope of the employee’s office or employment, under circumstances where the state, if a private person, would be liable to the claimant for such damage, loss, injury, or death.

Iowa Code § 669.2(3)(a). The Act covers all tort claims against the state, subject to exceptions identified by the legislature. Id. §§ 669.2(3), .14; see also Drahaus v. State, 584 N.W.2d 270, 272 (Iowa 1998). Generally, tort liability is imposed on the state under the same circumstances that impose tort liability on a private person. Iowa Code § 669.2(3)(a).

Conceptually, the Act “does not itself create a cause of action.” Sanford v. Mantemach, 601 N.W.2d 360, 370 (Iowa 1999). Rather, “[i]t ‘merely recognizes and provides a remedy for a cause of action already existing which would have otherwise been without remedy because of the common law immunity.’ ” Magers-Fionof v. State, 555 N.W.2d 672, 674 (Iowa 1996) (quoting Engstrom v. State, 461 N.W.2d 309, 314 (Iowa 1990)). “Private' citizens now have the right to sue the State, ‘but only in the manner and to the extent to which consent has been given by the legislature.’ ” Drahaus,

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Bluebook (online)
830 N.W.2d 724, 35 I.E.R. Cas. (BNA) 1168, 2013 Iowa Sup. LEXIS 52, 2013 WL 1922860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terri-rivera-v-woodward-resource-center-and-state-of-iowa-iowa-2013.