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Grovijohn v. Virjon2/27/2002
Appeal from the Iowa District Court for Pottawattamie County, Charles L. Smith, III, Judge.
Plaintiff appeals from the district court ruling granting tavern defendant's summary judgment on plaintiff's dramshop action. AFFIRMED.
Ricky Grovijohn and Julie Douglas were drinking at J.D.'s Circle Inn (Virjon, Inc.). They left the bar together with Douglas driving Grovijohn's car. Douglas drove the car into another car, injuring Grovijohn. Thirteen months later, Grovijohn notified the bar of his intent to file suit under the Iowa dram shop act. The action was filed in June of 1999. The district court granted Virjon's motion for summary judgment because Grovijohn failed to notify the dramshop of his claim within six months as required by Iowa Code section 123.93 (1997) and he failed to produce any evidence that he qualified for any of the exceptions to the notice requirement under this section. Grovijohn appeals contending the notice provision violates his right to equal protection and there were genuine issues of material fact preventing the granting of the motion for summary judgment. Because we find the six-month notice requirement does not violate his right to equal protection and the court properly granted the motion for summary judgment, we affirm.
I. Facts
On December 22, 1997, Ricky Grovijohn and Julie Douglas went to J.D.'s Circle Inn (Virjon, Inc.) to have a few drinks. After downing several drinks at this bar, Grovijohn and Douglas left together in Grovijohn's car. Later, Douglas drove Grovijohn's car into a collision with another car, injuring Grovijohn.
Grovijohn did not contact his lawyer regarding this accident until January 1999. At that time, his lawyer told him of the possibility of a dramshop action against Virjon. Grovijohn notified Virjon on January 22, 1999, of his intention to sue under the Iowa dram shop act. The action was filed in June of 1999.
Virjon filed a motion for summary judgment based on Grovijohn's failure to comply with the six-month notice provision of Iowa Code section 123.93 (1997). The district court granted Virjon's motion concluding Grovijohn's notice was untimely and he failed to establish any of the exceptions to the six-month notice requirement under the statute. Iowa Code ยง 123.93. Grovijohn appeals.
On appeal, Grovijohn argues Iowa Code section 123.93 violates his state and federal rights to equal protection of the laws. He also contends the district court erred in granting the motion for summary judgment because there were genuine issues of material fact as to whether Grovijohn qualified for any of the exceptions to the notice provision.
II. Scope of Review
The scope of review on a motion for summary judgment is for correction of errors at law. Kolbe v. State, 625 N.W.2d 721, 725 (Iowa 2001) (citing Knudson v. City of Decorah, 622 N.W.2d 42, 48 (Iowa 2000)). Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Iowa R. Civ. P. 237(c). We review the record in the light most favorable to the party opposing the motion for summary judgment. Kelly v. Iowa Mut. Ins. Co., 620 N.W.2d 637, 641 (Iowa 2000). On appeal, we determine whether a genuine issue of material fact exists and whether the district court correctly applied the law. Id. (citing Red Giant Oil Co. v. Lawlor, 528 N.W.2d 524, 528 (Iowa 1995)).
Our review of constitutional claims is de novo. We recently summarized the appropriate scope of review for a constitutional challenge
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