The filing of a petition under this chapter tolls the statute of limitations for the
commencement of an action against all parties who may be assessed any percentage of fault
under this chapter.
84 Acts, ch 1293, §8
Referred to in §516A.5\n\nTue Dec 09 21:57:38 2025 Iowa Code 2026, Chapter 668 (24, 0)
§668.9, LIABILITY IN TORT — COMPARATIVE FAULT 4
\n
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1985–2022 · leading case:
Reese v. Werts Corp., 379 N.W.2d 1 (Iowa 1985).
Reese v. Werts Corp., 379 N.W.2d 1 (Iowa 1985).
· cites it 8× “*5 Section 668.8 tolls the statute of limitations upon filing of a petition under chapter 668 as to all parties who may be assessed any percentage of fault.”
Coker v. Abell-Howe Co., 491 N.W.2d 143 (Iowa 1992).
· cites it 2× “Pursuant to Iowa Code section 668.8, Coker was denied recovery.”
Leiberkneckt v. Bridgestone/Firestone, Inc., 980 F. Supp. 300 (N.D. Iowa 1997).
· cites it 4× “” Iowa Code § 668.8 . Section 613.18(3) “tolls the statute of limitations to allow identification of manufacturers in products liability cases.”
Pepper v. Star Equip., Ltd., 484 N.W.2d 156 (Iowa 1992).
· cites it 4× “The statute of limitations has been relaxed under section 668.8 to permit this to be done in nearly all cases.”
Guzman v. Des Moines Hotel Partners, 489 N.W.2d 7 (Iowa 1992).
· cites it 2× “However, the claim of the releasing person against other persons is reduced by the amount of the released person’s equitable share of the obligation, as determined in section 668.8, subsection 4. In this case, the dismissal of Turf Services, Inc.”
Betsworth v. Morey's & Raymond's, 423 N.W.2d 196 (Iowa 1988).
· cites it 6× “Iowa Code § 668.8 (emphasis added). The plaintiff contends that the City is a “party” under this section; therefore, her timely filing of the original petition against Morey’s tolled the statute of limitations as to the City as well.”
Ins. Co. of North Am. v. Coast Catamaran Corp., 753 F. Supp. 804 (S.D. Iowa 1991).
· cites it 4× “The court concludes that 1) defendants did not waive their limitations defense by failing to raise it in their answer- to the plaintiffs’ 1987 complaint; 2) section 668.8, a tolling provision, has not preserved plaintiffs’ claim; and 3) section 668.”
Alaska Gen. Alarm, Inc. v. Grinnell, 1 P.3d 98 (Alaska 2000).
“, Iowa Code Ann. § 668.8 (1998) (filing of a petition under comparative fault chapter tolls the statute of limitations for the commencement of an action against all parties who may be assessed any percentage of fault); Tenn.”
DeHague v. Burlington N. R.R., 678 F. Supp. 215 (S.D. Iowa 1988).
· cites it 4× “Plaintiffs additionally assert that once they filed suit against defendant Burlington on June 14, 1985, the statute of limitations with respect to plaintiffs’ claims against the other defendants was tolled pursuant to Iowa Code section 668.8. Plaintiff’s reliance on section 668.”
Burke v. Lippert Components, Inc, No. 3:21-cv-03020 (N.D. Iowa Dec. 28, 2022).
“But Plaintiffs rely on Iowa Code § 668.8 , which provides that filing a lawsuit tolls the statute of limitations “against all parties who may be assessed any percentage of fault” under Iowa’s comparative-fault laws.”
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