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Iowa Court of Appeals Affirms Dismissal of All Claims Against Josh Strief’s Client

The Iowa Court of Appeals affirmed dismissal of two Plaintiffs’ claims against Josh Strief’s client in a Linn County personal injury lawsuit arising from a vehicle accident. Mr. Strief, a partner in Elverson Vasey’s Insurance Defense & Litigation practice, first obtained summary judgment dismissal of the claims against his client due to Plaintiffs' failure to properly serve lawsuit papers. Plaintiffs appealed the dismissal. On appeal, Plaintiffs argued they did attempt to serve the defendant within the required timeframe and complied with a district court's order extending the time to serve Mr. Strief’s client. Plaintiffs also argued they were prevented from serving the defendant due to the COVID-19 pandemic, and equitable estoppel should prevent dismissal of the lawsuit.

Josh Strief helped the Court of Appeals see that Plaintiffs’ many excuses “ring hollow” and dismissal of Plaintiffs’ claims was appropriate. This is the second 2022 case in which Mr. Strief has successfully defended his clients in appeals involving improper service.

You can find more information about the case, along with the Court of Appeals’ decision, here