 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
ALVAREZ v. MEADOW LANE MALL3/26/1997
fendants]." This period begins "on the day the cause of action accrues" and ends when the appropriate statute of limitations expires. Grant v. Cedar Falls Oil Co., 480 N.W.2d 863, 865-66 (Iowa 1992). The period is not extended by the time (under rule of civil procedure 49) it would have reasonably taken to serve the original defendant. Id. Notice of intention to bring suit is in no way tantamount to notice of its filing. Jacobson v. Union Story Trust & Sav. Bank, 338 N.W.2d 161, 164 (Iowa 1983). Notice to an insurer is not notice to its insured. Id.
Under these holdings we think the trial court was correct in finding Alvarez failed to sustain her burden to show the added parties received notice to qualify for "relate back" relief under rule of civil procedure 89 because the added defendants did not, within the two-year period, receive notice of the initiation of Alvarez's action.
We conclude the trial court was correct in dismissing the action against all defendants.
AFFIRMED.
Page 1 2 3 4 Iowa Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|