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Rodenburg v. Lathrop12/12/2001
Appeal from the Iowa District Court for Dallas County, Dale B. Hagen, Judge.
Plaintiffs appeals from a district court order dismissing their negligence action against defendant based on a finding the action was brought following the expiration of the applicable statute of limitations. AFFIRMED.
William Hart shot Clifton Rodenburg in 1996. More than four years later, Clifton and his wife, Donna filed suit in Iowa against defendants Mark Lathrop, Amelia Oponski, and Patrick Parker for personal injuries suffered in the shooting. The defendants responded by contending the action was precluded by the applicable statute of limitations. The district court agreed and dismissed the lawsuit. The Rodenburgs appealed. They have dismissed their appeal against Oponski and Parker, but continue to contend the district court erred in concluding the statute of limitations barred their suit against Lathrop. We affirm.
1. Background Facts and Proceedings
William Hart shot Clifton Rodenburg on March 26, 1996, in Fargo, North Dakota. Prior to the shooting, Mark Lathrop, and his girlfriend, Amelia Oponski, bailed Hart out of jail in Des Moines, Iowa. Hart told them that if he was released from jail, he could repay money he owed them as the result of an unsuccessful business deal. Hart assured Lathrop he could obtain a large sum of money from some acquaintances in North Dakota who were indebted to him. Lathrop and Oponski agreed to accompany Hart to North Dakota.
Before leaving Iowa, Lathrop, Oponski, and Hart went to the home of Patrick Parker to borrow a handgun and a box of ammunition ostensibly to protect them while returning to Iowa with a large sum of money. The handgun was later used by Hart to shoot Clifton Rodenburg.
On March 9, 1996, Hart, Lathrop, and Oponski traveled to North Dakota. Hart was unsuccessful in securing any money and they returned to Des Moines. Sometime around March 16, 1996, Hart, Lathrop, and Oponski again traveled to North Dakota. This venture also proved unproductive and the trio returned to Iowa. Because they planned to return to North Dakota, they did not check out of the hotel room Hart rented when they arrived in Fargo. Lathrop left the handgun belonging to Parker in a bag in the rented room. Approximately ten days later, Hart made a third trip to Fargo without Lathrop and Oponski. On this trip, Hart shot Rodenburg several times at the YMCA in Fargo with Parker's handgun. Rodenburg survived the shooting, but was seriously injured.
During the criminal investigation of Hart's actions, Lathrop and Oponski told law enforcement officials Hart had stolen Parker's handgun from the basement of their home. Hart was charged with a number of federal criminal offenses as a result of the shooting. At his criminal trial, Lathrop and Oponski admitted they had lied to investigators about how Hart acquired the gun and ammunition. Their recantation occurred on or about August 4, 1998.
In January of 1999, Rodenberg and his wife brought an action in North Dakota against the YMCA, Hart, Lathrop, Oponski, and Parker seeking personal injury damages as a result of the shooting. Following trial, a jury apportioned 100% of the fault to William Hart.
On August 3, 2000, Clifton Rodenburg, joined by his wife, filed a negligence action in Dallas County, Iowa. The petition named Mark Lathrop, Amelia Oponski, and Patrick Parker as defendants.
Specifically, the petition alleged the defendants were negligent in the following particulars: (a) securing Hart's release from incarceration; (b) providing the handgun and bullets to Hart; (c) providing transportation for Hart's trips to North Dakota; (d) provi
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