Charlene Jorgensen and Michael Jorgensen v. Adam B. Smith, M.D., Adam B. Smith, M.D., P.C., and Tri-State Specialists, LLP

Summary

The Iowa Supreme Court affirms the denial of the defendants’ second and third motions for summary judgment in a medical-negligence action. The court holds that the law-of-the-case doctrine bars reconsideration of whether Iowa Code section 147.140 applies to the plaintiffs’ negligent-retention claim and also bars relitigation of the sufficiency of the certificate of merit affidavit. The case is remanded for trial.

Holdings

1. The law-of-the-case doctrine barred Tri-State from relitigating whether Iowa Code section 147.140 applied to the Jorgensens' negligent-retention claim because Jorgensen I expressly decided that the statute did not apply.
2. The law-of-the-case doctrine barred defendants from arguing that Dr. Jewell's certificate was not a true or sufficient affidavit because its sufficiency as to Dr. Smith's claims was necessarily involved in the disposition of Jorgensen I.
3. The district court properly denied defendants' second and third motions for summary judgment because the arguments supporting those motions were foreclosed by the law-of-the-case doctrine.

Questions Presented

1. Whether the law-of-the-case doctrine barred Tri-State from relitigating whether Iowa Code section 147.140 applied to the negligent-retention claim under new statutory arguments.
2. Whether the law-of-the-case doctrine barred defendants from arguing that Dr. Jewell's certificate was not a legally sufficient affidavit under Iowa Code section 147.140.
3. Whether the district court properly denied defendants' second and third motions for summary judgment.

Disposition

affirmed