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IN THE SUPREME COURT OF IOWA
No. 67 / 06-0094 Filed August 17, 2007 BRITTANI RUCKER, Appellant, vs. HUMBOLDT COMMUNITY SCHOOL DISTRICT, HUMBOLDT HIGH SCHOOL, and ROBERT HOFFMAN, BAND DIRECTOR, Appellees. Appeal from the Iowa District Court for Humboldt County, Kurt L. Wilke, Judge.

Plaintiff appeals summary judgment for defendant in personal injury case. AFFIRMED.

Frederick W. James of The James Law Firm, P.C., Des Moines, for appellant.

Stephen G. Kersten of Kersten Brownlee Hendricks, L.L.P., Fort Dodge, for appellees.

2 STREIT, Justice. Sometimes it pays to be a kid, but in this case it does not. When Brittani Rucker was sixteen years old, she collapsed and suffered injuries while participating in a parade with her high school's marching band. Approximately two-and-a-half years later she filed suit against Humboldt Community School District, Humboldt High School, and the band director alleging their negligence caused her injuries. The defendants

filed a motion for summary judgment arguing Rucker's claim was untimely because she was required to file her claim within two years of her injury. Rucker countered Iowa Code section 614.8 (2005) extended the time to file her claim to one year after her eighteenth birthday. The district court ruled in favor of the defendants, holding section 614.8 does not apply to claims against municipalities under chapter 670. We affirm. I. Facts and Prior Proceedings On

Rucker was a member of the Humboldt High School Band.

May 27, 2002, Rucker marched with the band in the Humboldt Memorial Day Parade. It was hot and muggy. Following the band's performance at the band shell in Bicknell Park, the band members were instructed to remain at attention and listen to the guest speeches. During one of

these speeches, Rucker was injured when she collapsed and fell forward landing on her chin and face. She was sixteen years old at the time.

Rucker turned eighteen on February 5, 2004. Rucker filed this lawsuit on January 31, 2005. She alleged Robert Hoffman, the band director, was negligent in failing to supply water to the band members and failing to recognize the signs of heat stroke, heat exhaustion, and/or dehydration. She alleged the Humboldt Community

3 School District and Humboldt High School were liable for Hoffman's negligent acts under the doctrine of respondeat superior. The defendants (hereafter collectively "Humboldt") asserted the affirmative defense of the statute of limitations in their amended answer. Humboldt then moved for summary judgment. Humboldt argued

Rucker's claim was time barred because she failed to file it within two years of her injury. Rucker countered her claim was timely because she filed it within one year after her eighteenth birthday. The district court granted Humboldt's motion for summary judgment, holding Iowa Code section 614.8, which tolls the statute of limitations for minors, does not apply to actions against municipalities. Rucker appealed. II. Standard of Review

We review orders granting summary judgment for correction of errors at law. Green v. Racing Ass'n of Cent. Iowa, 713 N.W.2d 234,

238 (Iowa 2006) (citing Otterberg v. Farm Bureau Mut. Ins. Co., 696 N.W.2d 24, 27 (Iowa 2005)). "A motion for summary judgment should only be granted if, viewing the evidence in the light most favorable to the nonmoving party, `the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.' " Id. (quoting Otterberg, 696 N.W.2d at 27). III. Merits

The issue before us is whether Iowa Code section 614.8, which tolls the statute of limitations for minors in some actions, applies to the present case. For the reasons that follow, we conclude it does not. Iowa Code chapter 670 is the exclusive remedy for torts against municipalities and their employees. See Iowa Code

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