TABOR, J.
This appeal raises the question whether our savings statute, Iowa Code section 614.10 (2009), allows plaintiffs to refile multiple lawsuits during the six-month period provided in the statute. Plaintiffs Maxine Veatch and Chris Price challenge the district court's grant of summary judgment in favor of Bartels Lutheran Home. The district court concluded section 614.10 sanctioned only one refiling within six months, barring the plaintiffs' second refiling as untimely. After examining the words used by the legislature, we agree that the savings clause allows a single refiling and affirm the district court's grant of summary judgment.
On September 27, 2006, plaintiffs Veatch and Price visited their mother, Agnes Bell, at her skilled-care residential unit at Bartels Lutheran Home (Bartels).
Upon hearing Whiteside's report, Kane instructed Whiteside to call the Iowa Department of Inspections and Appeals (DIA) to report the incident as a potential case of dependant adult abuse. Whiteside reported the incident to DIA and Bartels staff reported the incident to the State Ombudsman's Department of Elder Affairs, the Iowa Department of Human Services (DHS), and the Waverly Police Department. On September 29, 2006, Waverly Police Officer Jason Leonard arrested Veatch for simple misdemeanor assault. Veatch remained in jail overnight and was released the following day, subject to an order that she have no contact
The DHS also opened an investigation and on January 18, 2007, issued a report indicating the allegation of dependant adult abuse against Veatch was founded. But on October 16, 2007, an administrative law judge reversed the DHS determination, holding the allegations of dependent adult abuse were unfounded.
On June 9, 2008, Veatch and Price timely filed their initial lawsuit in federal court to recover damages for the above occurrences. They alleged state-tort claims against Bartels Lutheran Home; Bartels' president and chief executive officer, Debra K. Schroeder; and Bartels' then-director of nursing, Brianna Brunner (collectively, the Bartels defendants);
On November 13, 2009, Veatch and Price filed another lawsuit against the Bartels defendants and the Waverly defendants in Iowa district court asserting their state-tort claims. That lawsuit was filed outside of the statute of limitations but within the six-month period provided in section 614.10; it was the plaintiffs' first refiling under section 614.10 after their initial lawsuit failed. The Waverly defendants again moved for summary judgment. On April 9, 2010, Veatch and Price voluntarily dismissed their tort claims against the Bartels defendants pursuant to Iowa Rule of Civil Procedure 1.943, but maintained their action against the Waverly defendants.
Also on April 9, 2010, Veatch and Price filed a lawsuit against only the Bartels defendants, again in state court, and again within the six-month period provided by section 614.10.
On July 22, 2010, the court granted the Bartels defendants summary judgment,
Veatch and Price appeal, contending the savings statute allows multiple refilings and that their lawsuit is, therefore, timely. The Bartels defendants assert that the district court incorrectly concluded genuine issues of material fact exist on each of the claims raised by the plaintiffs.
We review the grant of summary judgment for the correction of errors at law. Sautter v. Interstate Power Co., 563 N.W.2d 609, 611 (Iowa 1997). Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Gardin v. Long Beach Mortg. Co., 661 N.W.2d 193, 196 (Iowa 2003). We review the record in the light most favorable to the non-moving party. Sautter, 563 N.W.2d at 611.
Likewise, we review questions of statutory interpretation for the correction of legal error. In re A.H.B., M.L.B., J.J.B., 791 N.W.2d 687, 689 (Iowa 2010); State v. Wiederien, 709 N.W.2d 538, 540 (Iowa 2006). And, "[s]ummary judgment is the appropriate remedy where questions of statutory interpretation are involved." Gardin, 661 N.W.2d at 197.
The Bartels defendants raise a threshold issue of preservation. They assert that Veatch and Price failed to preserve error "because they did not cite any authorities to the district court and they did not move to amend or enlarge under Iowa R. Civ. P. 1.981(3) and 1.904(2)." As a result, they allege, Veatch and Price did not "raise their argument with sufficient specificity" and, therefore, "failed to preserve error." Veatch and Price counter that the issue of whether the action is time-barred was raised and decided by the district court. They submit that their "summary judgment brief included far more than a single sentence about whether the action was time-barred," and that "[i]ncluding at least one sentence in a summary judgment brief about the issue is enough to preserve error when the district court then considers the issue and discusses it in its summary judgment ruling."
Our error preservation rules exist to ensure that district courts have the opportunity to correct or avoid errors and to provide appellate courts with a record to review. State v. Pickett, 671 N.W.2d 866, 869 (Iowa 2003).
In this case, the defendants asserted in their motion for summary judgment that the present action was untimely and that section 614.10 did not apply. Veatch and Price responded in their memorandum of authorities in support of their resistance to the summary judgment motion, arguing their action was timely under section 614.10. In its ruling, the district court thoroughly analyzed the timeliness argument and granted summary judgment on the issue of section 614.10's applicability. Because the argument was raised and the district court ruled upon it, we find the issue was preserved for our review. See
Further, because the district court ruled on the issue, Veatch and Price were not required to file a rule 1.904 motion to preserve the issue for appeal as the Bartels defendants assert. Such a motion is required "[w]hen a district court does not rule on an issue properly raised." Id. at 259. To the extent the defendants contend Iowa Rule of Civil Procedure Rule 1.981
The present action is untimely unless permitted by Iowa's savings statute, which provides as follows:
Iowa Code § 614.10.
The parties dispute the correct interpretation of section 614.10. The fighting issue is one of first impression: whether section 614.10 saves multiple actions filed within the six-month period from being time-barred or whether it allows a single refiling.
Veatch and Price contend the language of section 614.10 allows parties to refile a lawsuit multiple times within the six-month period and that the district court erred in holding the statute limits parties to a single refiling. They assert that "use [of] the term `second' does not mean that only . . . one action may be filed under § 614.10." They further allege that allowing multiple refilings within the six-month period is "consistent with the liberal construction of savings statutes that is favored in other jurisdictions" and consistent with the aim of limitation periods to "prevent the trial of stale claims." They contend the defendants would not be prejudiced by allowing multiple refilings. Finally, they argue their interpretation would not permit plaintiffs to "abuse the statute with an `unending string' of refilings" because under Iowa Rule of Civil Procedure 1.943, a second dismissal "operate[s] as an adjudication against that party on the merits."
The Bartels defendants counter that the saving statute's reference to the "second" filing in the six-month period limits the plaintiffs to only one refiling. They assert that the "`second' lawsuit was the `new one' filed by Veatch and Price on November 13, 2009," and the current lawsuit "is their third action."
Both sides find support for their respective positions in cases from other jurisdictions. The Bartels defendants cite to out-of-state decisions that limit plaintiffs to one refiling under their savings statutes. See, e.g., Evans ex rel. Evans v. Lederle Labs., 167 F.3d 1106, 1110 (7th Cir.1999) (recognizing that "Illinois courts have consistently held that [the savings statute] permits no more than one refiling within that period"); Flesner v. Youngs Dev. Co., 145 Ill.2d 252, 164 Ill.Dec. 157, 582 N.E.2d 720, 721-22 (1991) (holding Illinois savings statute "permits one, and only one, refiling"); U.S. Fire Ins. Co. v. Swyden, 175 Okla. 475, 53 P.2d 284, 285-88 (1935) (holding that phrase "commence a new action" authorized only one filing and reasoning
When faced with dueling interpretations of a statute, our goal is to discover the legislature's "true intention." Gardin, 661 N.W.2d at 197. "Our first step in ascertaining the true intention of the legislature is to look to the statute's language" because the "`words chosen by the legislature'" help reveal legislative intent. Id.; see Iowa Ass'n of Sch. Bds. v. Iowa Dep't of Educ., 739 N.W.2d 303, 309 (Iowa 2007) (citation omitted). "We do not search beyond the express terms of a statute when that statute is plain and its meaning is clear. Moreover, we must read a statute as a whole and give it `its plain and obvious meaning, a sensible and logical construction.'" Gardin, 661 N.W.2d at 197 (citations omitted). When the legislature has left words in a statute undefined, we "look to prior decisions of this court, similar statutes, dictionary definitions, and common usage." Bob Zimmerman Ford, Inc. v. Midwest Auto. I, L.L.C., 679 N.W.2d 606, 609 (Iowa 2004).
Because the savings statute does not define the terms—"second" or "new one"—we turn to prior decisions of our courts, dictionary definitions, and common usage to ascertain their meaning. Id. We begin by noting that our supreme court previously construed the phrase "new one" as used in section 614.10, and determined that it "relates to a second `action' based upon the same cause as the original." Murphy v. Bd. of Supervisors of Johnson Cnty., 205 Iowa 256, 259, 215 N.W. 744, 745 (1927) (emphasis added). Because our supreme court equated "new one" with the "second action" mentioned in the savings statute, we find that common definitions of the word "second," should apply to both phrases at issue.
When interpreting statutory language, our courts often consider dictionary definitions. Miller v. Marshall Cnty., 641 N.W.2d 742, 748 (Iowa 2002). A common definition of the word "second" is "next to the first in place or time." See Webster's New Collegiate Dictionary 1035 (1981) (providing, as another definition, "one that is next after the first in rank, position, authority, or precedence"); see also Webster's Third New Int'l Dictionary 2050, 2474 (2002) (defining "second" as "being number two in a countable series," and further defining "two" as "being one more than one in number"). Black's Law Dictionary defines the term "second" as "denot[ing] either sequence in point of time or inferiority or postponement in respect to rank, lien, order, or privilege." Black's Law Dictionary 1351 (6th ed.1990). The term "action," in its "usual legal sense means a lawsuit brought in a court." Id. at 28.
We find further support for our conclusion that the legislature intended to allow only one refiling in its choice of the article "a" in the phrase that creates the right to bring a new action after the first action fails. The operative phrase provides: "If, after the commencement of an action, the plaintiff, for any cause except negligence in its prosecution, fails therein, and a new one is brought within six months thereafter, the second shall . . . be held a continuation of the first." Iowa Code § 614.10 (emphasis added).
Our supreme court interpreted the word "a" and explained that "a" is "defined as an article which is `used as a function word before most singular nouns other than proper and mass nouns when the individual in question is undetermined, unidentified, or unspecified.'" State v. Kidd, 562 N.W.2d 764, 765 (Iowa 1997). In State v. Kidd, our supreme court described the article "a" as a "`function word before most singular nouns,'" and applied the same interpretation to the word "an," which it described as "a euphonic mutation of the article `a.'" Id. It then concluded that "[b]ased on the ordinary meaning of the word `an,' as ascertained from the dictionary, we think the [phrase `an offensive weapon'] refers to possession of a single offensive weapon." Id. Likewise, here, the legislature's use of the article "a" before the phrase "new one" informs our understanding of that phrase. We conclude that the phrase "new one" that follows the article "a" operates as a singular noun. If the legislature had intended to allow multiple new actions, it could have chosen the term "any" (as it did earlier in the statute, "for any cause except negligence"). See Fisher Controls Int'l, Inc. v. Marrone, 524 N.W.2d 148, 149 (Iowa 1994) (holding phrase "any legal action" was broader than "an action"). Thus, the phrase "a new one" refers to a single refilling; and the statute, therefore, saves only one additional action.
We decline the invitation by Veatch and Price to expand the parameters of section 614.10 based on the "liberal construction" approach applied by other state courts to their savings statutes. Our supreme court has not liberally construed Iowa's savings statute. See Boomhower v. Cerro Gordo County Bd. of Supervisors, 173 N.W.2d 95, 98 (Iowa 1969) (Becker, J., dissenting) (bemoaning narrow construction given to savings statute). Moreover, we don't think liberal construction can overcome the intent to allow a single refiling signaled by the actual language employed by the legislative drafters.
Here, the first action was the one Veatch and Price timely filed in federal district court. Thus, the "second" action—the one "next to the first in . . . time"— was the action filed in state court on November 13, 2009. That was the plaintiffs' first refiling under section 614.10 after their initial federal lawsuit failed. Although Veatch and Price filed that suit outside of the statute of limitations, assuming the necessary elements for application of Iowa Code section 614.10 were satisfied, that provision would "save" that lawsuit from the operation of the statute of limitations and preserve it for the court's consideration of the merits. Of note, Veatch and Price dismissed only the Bartels defendants from that suit; their action against the Waverly defendants remained intact after they dismissed the Bartels defendants.
The present case, against only the Bartels defendants, is the plaintiffs' second refiling under section 614.10. The language of section 614.10 does not save multiple or successive refilings—it saves only the first refiling. The suit is therefore untimely and barred by the statute of limitations. The district court, therefore, correctly granted the Bartels defendants' motion for summary judgment.
Because we conclude the plaintiffs' second refiling was not saved by section 614.10 and the district court correctly granted summary judgment on that ground, we do not review the remaining issues raised on appeal by Veatch and Price with respect to their substantive claims.