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MCCLENDON v. BECK

9/17/1997

cluded that the constant pain experienced by McClendon following the operations was sufficient to put her on notice of the injury she belatedly claims. See Schnebly v. Baker, 217 N.W.2d 708, 722 (Iowa 1974) ("a person cannot claim concealment, of course, if he has knowledge"); Smith v. Cook County Hosp., 164 Ill. App.3d 857, 115 Ill.Dec. 811, 817, 518 N.E.2d 336, 342 (1987) (plaintiff suffering continuing back and leg pain cannot successfully claim doctor's silence concealed injury); Bruske, 567 N.W.2d at 880 (plaintiff on notice jaw implant failed to correct condition "when her jaw continued to present problems"). The defendants were entitled to judgment as a matter of law.


DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED.






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