The Iowa Court of Appeals has upheld a decision that dismisses a lawsuit against the Cherokee School District. Randall and Karin Cedar sued saying the school district was negligent in allowing snow and ice to accumulate on the steps of a school building and that led to their daughter slipping and falling in November of 2005.
The Cedar’s however did not file the suit until June of 2008 and the school district asked that it be dismissed as the suit did not fall within the two-year statute of limitations. The district court in Cherokee County sided with the school district, saying the suit had not been filed in the required two-year time period and dismissed the suit.
The Cedar’s appealed the ruling, saying they were “unfairly prejudiced by the Iowa Supreme Court’s interpretation and allowance of an unfair law.” The Appeals Court says that may or may not be true, but they are nevertheless bound by Iowa Supreme Court pronouncements, and upheld the district court ruling.