Leiberkneckt v. Bridgestone/Firestone, Inc.
| Decision Date | 09 October 1997 |
| Docket Number | No. C 96-3020-MWB.,C 96-3020-MWB. |
| Parties | David LEIBERKNECKT, Conservator and Guardian of Daniel Leiberkneckt; David Leiberkneckt; and Diane Leiberkneckt, Individually, Plaintiffs, v. BRIDGESTONE/FIRESTONE, INC.; The Goodyear Tire & Rubber Company; Motor Wheel Corporation; MWC Holdings, Inc.; Motor Wheel Corporation of Canada, Ltd.; and Hayes Wheels International, Inc., Defendants. |
| Court | U.S. District Court — Northern District of Iowa |
Fred L. Morris of Peddicord, Wharton, Thune & Spencer, P.C., Des Moines, IA, for Plaintiffs.
L.W. Rosebrook of Ahlers, Cooney, Dorweiler, Hayne, Smith & Allbee, P.C., Des Moines, IA, Christopher S. Shank of Rouse, Hendricks, German, May & Shank, P.C., Kansas City, MO, for Defendants.
TABLE OF CONTENTS
I. INTRODUCTIONAND BACKGROUND ................................................... 301
II. STANDARDS FOR MOTION TO DISMISS .............................................. 302
III. FACTUAL BACKGROUND ........................................................... 304
IV. LEGAL ANALYSIS ............................................................... 304
A. The Parties' Contentions .................................................. 304
B. Statutes of Limitation and the Iowa Discovery Rule ........................ 305
C. Does the Discovery Rule Apply to Daniel's Claims Against Motor Wheel? ..... 306
D. Did the Appointment of a Guardian Cause Daniel's Claims to Accrue? ........ 308
E. Certification of the Issues to the Iowa Supreme Court ..................... 309
F. David and Diane's Claims for Loss of Consortium ........................... 311
V. CONCLUSION ................................................................... 311
When does the statute of limitations begin to run against a plaintiff who, in the incident from which his products liability claim arises, suffers traumatic brain injuries of such magnitude that he is unable to comprehend that he has sustained injury? This question, raised by defendants' motion to dismiss, requires the court to explore unchartered territory in Iowa's discovery rule. Defendants contend that the statute of limitations began to run on the day the plaintiff sustained his injuries. The plaintiffs disagree, arguing that under the Iowa discovery rule, the statute has not yet begun to run. The court must first determine whether Iowa's discovery rule is applicable here. If so, the court must next determine when plaintiffs claims accrued. Only after these troubling issues are resolved may the court consider whether the statute of limitations bars plaintiffs' claims.
This products liability lawsuit arises out of a tragic multi-piece tire rim explosion which occurred on May 31, 1994. As a result of the explosion, Daniel Leiberkneckt ("Daniel") suffered catastrophic facial and closed head injuries. He has remained in what plaintiffs describe as a "chronic vegetative state" since the incident. Daniel's parents, plaintiff David Leiberkneckt, individually, and as conservator and guardian of Daniel, and plaintiff Diane Leiberkneckt ("the Leiberkneckts") filed their initial complaint on February 20, 1996, against Bridgestone/Firestone, Inc. and The Goodyear Tire & Rubber Company. These defendants are not involved in this motion to dismiss.
On January 8, 1997, the Leiberkneckts filed their first Amendment to Complaint for the purpose of adding three additional defendants: MWC Holdings, Inc., Motor Wheel Corporation; and Motor Wheel Corporation of Canada, Ltd. The Leiberkneckts filed their Second Amended Complaint, adding yet another defendant, Hayes Wheels International, Inc. on February 27, 1997. The Leiberkneckts allege claims of strict liability, failure to warn, and negligence against these four defendants. Counts VII and XI of the Second Amended Complaint are derivative claims asserted by David and Diane for loss of consortium and/or cost of care and support.
On March 31, 1997, defendants MWC Holdings, Inc., Motor Wheel Corporation, Motor Wheel Corporation of Canada, Ltd., and Hayes Wheels International, Inc. (collectively "Motor Wheel") filed a motion to dismiss all claims against them pursuant to Federal Rule of Civil Procedure 12(b)(6). The Motor Wheel defendants contend that the Second Amended Complaint fails to state a claim upon which relief can be granted because the claims are time-barred under the applicable Iowa statute of limitations.
The Leiberkneckts filed their resistance to this motion on April 11, 1997. Although the Leiberkneckts agree that the applicable statute of limitations is two years, they contend that their claims against Motor Wheel are still viable under the Iowa discovery rule. Alternatively, they assert that the statute of limitations was tolled by a variety of statutory tolling provisions.
The court heard oral arguments telephonically on September 2, 1997. The Leiberkneckts were represented by counsel Fred L. Morris of Peddicord, Wharton, Thune & Spencer, P.C., Des Moines, Iowa. The Motor Wheel defendants were represented by counsel L.W. Rosebrook of Ahlers, Cooney, Dorweiler, Hayne, Smith & Allbee, P.C., Des Moines, Iowa, and Christopher S. Sink of Rouse, Hendricks, German, May & Shank, P.C., Kansas City, Missouri. At the conclusion of the arguments, the parties requested additional time to further brief the issues explored in the hearing. The court granted this request, and both parties submitted supplemental briefs considering the potential effects of the discovery rule and the appointment of a guardian on the accrual of plaintiffs' claims.1
Motor Wheel urges the court to dismiss the Leiberkneckts' Second Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). A motion to dismiss may be made, inter alia, for "failure to state a claim upon which relief can be granted." FED. R. CIV. P. 12(b)(6). A motion to dismiss pursuant to FED. R. CIV. P. 12(b)(6) requires the court to review only the pleadings to determine whether the pleadings state a claim upon which relief can be granted. FED. R. CIV. P. 12(b).2 Such motions "can serve a useful purpose in disposing of legal issues with the minimum of time and expense to the interested parties." Hiland Dairy, Inc. v. Kroger Co., 402 F.2d 968, 973 (8th Cir.1968), cert. denied, 395 U.S. 961, 89 S.Ct. 2096, 23 L.Ed.2d 748 (1969). The issue is not whether a plaintiff will ultimately prevail, but rather whether the plaintiff is entitled to offer evidence in support of the plaintiff's claims. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed.2d 90 (1974); United States v. Aceto Agric. Chem. Corp., 872 F.2d 1373, 1376 (8th Cir.1989).
In considering a motion to dismiss under Rule 120(b)(6), the court must assume that all facts alleged in the plaintiff's complaint are true, and must liberally construe those allegations. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957); Doe v. Norwest Bank Minnesota, N.A., 107 F.3d 1297, 1303-04 (8th Cir.1997) (); WMX Techs., Inc. v. Gasconade County, Mo., 105 F.3d 1195, 1198 (8th Cir. 1997) (); First Commercial Trust Co. v. Colt's Mfg. Co., 77 F.3d 1081, 1083 (8th Cir.1996) (same).
The court is mindful that in treating the factual allegations of a complaint as true pursuant to Rule 12(b)(6), the court must "reject conclusory allegations of law and unwarranted inferences." Silver v. H&R Block, Inc., 105 F.3d 394, 397 (8th Cir.1997) (citing In re Syntex Corp. Securities Lit., 95 F.3d 922, 926 (9th Cir.1996)); Westcott v. City of Omaha, 901 F.2d 1486, 1488 (8th Cir.1990) (); see also LRL Properties v. Portage Metro Hous. Auth., 55 F.3d 1097, 1103 (6th Cir.1995) (). Conclusory allegations need not and will not be taken as true; rather, the court will consider whether the facts alleged in the complaint, accepted as true, are sufficient to state a claim upon which relief can be granted. Silver, 105 F.3d at 397; Westcott, 901 F.2d at 1488.
The United States Supreme Court and the Eighth Circuit Court of Appeals have both observed that "a court should grant the motion and dismiss the action `only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations.'" Handeen v. Lemaire, 112 F.3d 1339, 1347 (8th Cir.1997) (quoting Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 2232, 81 L.Ed.2d 59 (1984)); accord Conley, 355 U.S. at 45-46, 78 S.Ct. at 101-02 (); Doe, 107 F.3d at 1304 (...
To continue reading
Request your trial
-
Gunderson v. ADM Investor Services, Inc., No. C96-3148-MWB (N.D. Iowa 2/13/2001)
...1998); Terra Indus., Inc. v. Commonwealth Ins. Co. of Am., 990 F. Supp. 679, 682 (N.D.Iowa 1997); Leiberkneckt v. Bridgestone/Firestone, Inc., 980 F. Supp. 300, 302 (N.D.Iowa 1997); North Cent. F.S., Inc. v. Brown, 951 F. Supp. 1383, 1404 (N.D.Iowa 1996); Powell v. Tordoff, 911 F. Supp. 118......
-
Baldwin v. Estherville
...in Hagen v. Siouxland Obstetrics & Gynecology, P.C. , 964 F.Supp.2d 951, 961 (N.D. Iowa 2013), and Leiberkneckt v. Bridgestone/Firestone, Inc. , 980 F.Supp. 300, 310 (N.D. Iowa 1997). See Roth , 147 F.Supp.3d at 814 (citing Hagen , which in turn cites Leiberkneckt ). Those factors are the f......
-
Gunderson v. Adm Investor Services, Inc.
...1998); Terra Indus., Inc. v. Commonwealth Ins. Co. of Am., 990 F.Supp. 679, 682 (N.D.Iowa 1997); Leiberkneckt v. Bridgestone/Firestone, Inc., 980 F.Supp. 300, 302 (N.D.Iowa 1997); North Cent. F.S., Inc. v. Brown, 951 F.Supp. 1383, 1404 (N.D.Iowa 1996); Powell v. Tordoff, 911 F.Supp. 1184, 1......
-
Hagen v. Siouxland Obstetrics & Gynecology, P.C.
...litigation and the possible prejudice to the litigants which may result from certification.Leiberkneckt v. Bridgestone/Firestone, Inc., 980 F.Supp. 300, 310 (N.D.Iowa 1997); accord Erickson–Puttmann v. Gill, 212 F.Supp.2d 960, 975 n. 6 (N.D.Iowa 2002); see Olympus Alum. Prod. v. Kehm Enters......