# Farnum v. GD Searle & Co., Inc.

> Supreme Court of Iowa · October 19, 1983 · 339 N.W.2d 392

URL: https://www.frixlaw.com/law-library/cases/9858389

## Case

- **Full name:** Kathy FARNUM, Joe Farnum, and Kathy and Joe Farnum, as Next Friends and Natural Parents of Joe Jr., Cory, and Michael Farnum, Appellees, v. G.D. SEARLE & COMPANY, INC., a Corporation, Defendant, and Dr. Robert C. Smith, Dr. Raymond Fitzsimmons, Dr. John Kunciates, Appellants
- **Court:** Supreme Court of Iowa
- **Decided:** October 19, 1983
- **Citations:** 339 N.W.2d 392; 1983 Iowa Sup. LEXIS 1708
- **Precedential status:** Published
- **Opinion:** Dissent by Reynoldson
- **Judges:** McCormick, Reynoldson, Reynold-Son, Larson
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9858389

## How later opinions describe it (automated extraction)

- holding an action was barred by the limitations period where the time period to commence the action had passed prior to the accrual date
- emphasizing importance of budgeting requirements and fiscal constraints

## Opinion text

REYNOLDSON, Chief Justice
(dissenting).
I respectfully dissent from division II of the majority opinion for the same reasons expressed in division II of Justice Larson’s dissent in Montgomery v. Polk County, 278 N.W.2d 911, 920 (Iowa 1979).
I dissent from division III for all of the reasons assigned in my dissent in Lunday v. Vogelmann, 213 N.W.2d 904, 908 (Iowa 1973). Although the majority indicates Iowa’s Lunday decision is supported by the greater weight of authority, a number of recent decisions have rejected the rationale relied on in that opinion. Reich v. State Highway Department, 386 Mich. 617, 623-24 , 194 N.W.2d 700, 702 (1972); Kossak v. Stalling, 277 N.W.2d 30, 34-35 (Minn.1979) (statutory requirement that suit against city be commenced within one year after notice denied equal protection where the city had actual notice); Turner v. Staggs, 89 Nev. 230, 235 , 510 P.2d 879, 882-83 , cert. denied, 414 U.S. 1079 , 94 S.Ct. 598 , 38 L.Ed.2d 486 (1973); Hunter v. North Mason High School, 85 Wash.2d 810, 818-19 , 539 P.2d 845, 850 (1975); O’Neil v. City of Parkersburg, 237 S.E.2d 504, 508-09 (W.Va.1977).
I would hold section 613A.5 deprived these plaintiffs of equal protection, and affirm.
LARSON, J., joins this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9858389. Public record. Not legal advice.