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BERNTSEN v. COOPERS & LYBRAND, L.L.P.

No. 99-0434.

623 N.W.2d 843 (2001)

Richard BERNTSEN and Bernard Berntsen, Appellants, v. COOPERS & LYBRAND, L.L.P., A Limited Liability Partnership f/k/a Coopers & Lybrand, A General Partnership, Appellee.

Supreme Court of Iowa.

March 21, 2001.

Attorney(s) appearing for the Case

Thomas H. Dahlk of Blackwell Sanders Peper Martin, Omaha, Nebraska, and James P. Craig of Moyer & Bergman, P.L.C., Cedar Rapids, for appellants.

Jerrold L. Strasheim and Mary Leiter Swick of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, Nebraska, for appellee.

Considered en banc.

LAVORATO, Chief Justice.

Following a jury trial, the district court sustained the defendant's motion for judgment notwithstanding the verdict on several grounds. One of those grounds was that Iowa's savings statute, Iowa Code section 614.10 (1995), did not apply to save the plaintiffs' action from being time-barred. Because we agree that section 614.10 does not apply under the facts of this case, we affirm.

I. Background Facts and Proceedings.

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