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DENISE ANN KETELSEN, Plaintiff-Appellant, vs. TIPTON COMMUNITY SCHOOL DISTRICT, Defendant-Appellee.
State: Iowa
Court: Court of Appeals
Docket No: No. 7-070 / 06-0505
Case Date: 02/28/2007
Preview:IN THE COURT OF APPEALS OF IOWA No. 7-070 / 06-0505 Filed February 28, 2007 DENISE ANN KETELSEN, Plaintiff-Appellant, vs. TIPTON COMMUNITY SCHOOL DISTRICT, Defendant-Appellee. ________________________________________________________________ Appeal from the Iowa District Court for Cedar County, Gary D. McKenrick, Judge.

Plaintiff appeals from a district court ruling granting the defendant's motion to dismiss. AFFIRMED.

David Scieszinski, Wilton, for appellant. Terry Abernathy of Pickens, Barnes & Abernathy, Cedar Rapids, for appellee.

Considered by Zimmer, P.J., and Miller and Baker, JJ.

2

MILLER, J. On January 12, 2006, Denise Ketelsen filed a petition at law seeking money damages from the Tipton Community School District (the school). Ketelsen alleged she was born April 23, 1987, attained the age of majority on April 24 (sic), 2005, and had been injured on April 15, 2002, as a result of the school's negligence. The school moved for dismissal, asserting Ketelsen's

lawsuit was barred by the two-year statute of limitations found in Iowa Code section 670.5 (2005) and the case law interpreting it. The school, citing among other authorities Harden v. State, 434 N.W.2d 881 (Iowa 1989), argued in part that "[t]he tolling provisions of Iowa Code
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