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Grovijohn v. Virjon2/27/2002
n causing the injury. Iowa Code § 123.93. Grovijohn contends the district court erred in granting summary judgment. He argues there were genuine issues of material fact regarding whether he qualified for any of the three exceptions to the notice requirement.
Grovijohn did not present any evidence to the court in his resistance to Virjon's motion for summary judgment relevant to any of the exceptions. Grovijohn merely asserted he was incapacitated after the accident. He did not articulate the nature or scope of his incapacity, nor did he claim he was incapacitated at the end of the six-month period. Grovijohn did not argue he was unable, through reasonable diligence, to discover the name of the potential dramshop defendant. Finally, he does not present any evidence to support the third exception that he, through reasonable diligence, was unable to discover the identity of the person causing the injury . We disagree with Grovijohn's suggestion the terms "reasonable diligence" and "incapacity" are ambiguous. However, even if we were to accept his argument, this does not change Grovijohn's presenting no evidence to the court to support the existence of a material issue regarding any of the three exceptions to the notice requirement. We conclude the district court properly granted Virjon's motion for summary judgment as there were no genuine issues of material fact. We affirm.
AFFIRMED.
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