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[T] Pillers v. Finley Hospital9/10/2003
sh the remaining defendants had exclusive control over the instrumentality that caused her injury unless all of the parties with control over the instrumentality causing the injury are parties in the litigation. However, Iowa Code section 668.7 (2001) provides that a "release, covenant not to sue, or similar agreement entered into by a claimant and a person liable... does not discharge any other persons liable upon the same claim...." Section 668.3(2)(b) contemplates that fault may be allocated to all defendant parties, including persons who have been released pursuant to 668.7. We therefore reject the appellees' assertion that the dismissal of the hospital pursuant to a settlement agreement precludes Pillers from relying upon the doctrine of res ipsa locquitur in her claim against other defendants.
We conclude the district court erred when it sustained Dr. Field's and Mr. March's motion for summary judgment, and we reverse and remand for proceedings consistent with this opinion.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
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