The Iowa Court of Appeals has upheld the dismissal of a negligence lawsuit filed by Kimberly Ann Tillman against Jason Lee Hinson and multiple insurance companies after she failed to properly serve the defendants within the required time frame. The court ruled that Tillman’s attempts to notify Hinson – who she accused of causing a 2018 car crash – did not meet legal service requirements, leading to the case's dismissal – even though she had, in one form or another, tried to do so.
Tillman initially filed the lawsuit in January 2020, seeking damages related to a January 2018 car accident involving Hinson. She also named Sentry Insurance Group, Dairyland Auto, and Viking Insurance Company of Wisconsin as defendants. However, for over three years, she was unable to properly serve Hinson with notice of the lawsuit.
Iowa court rules mandate that a defendant must be served with notice within 90 days of filing a lawsuit. While Tillman requested and received multiple extensions due to personal health issues and the COVID-19 pandemic, she ultimately failed to meet her final deadline of March 28, 2023.
Hinson’s attorneys argued that Tillman did not serve the lawsuit in accordance with Iowa Rule of Civil Procedure 1.305, which requires personal service or an alternative court-approved method. Instead, she attempted to send notice via certified mail, which the court ruled was improper.
Even if certified mail were a valid method, Hinson did not receive the notice until April 8, 2023, nearly two weeks after the final deadline had passed. This delay prompted Hinson to file a motion to dismiss, which the Woodbury County District Court granted.
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On appeal, Tillman argued that she had attempted to serve Hinson and that ongoing settlement discussions with his insurer had deterred her from further legal action. However, the appeals court found no evidence that Hinson had been properly served or that he acknowledged the lawsuit in time.
The court also ruled that Tillman had been given multiple opportunities – including an 18-month grace period after her initial extension expired – to comply with service requirements but failed to do so. The ruling reaffirmed that actual knowledge of a lawsuit does not substitute for formal service under Iowa law.
In its Feb. 19, 2025, decision, the Iowa Court of Appeals stated: "We do not have a double standard for those represented by counsel and those who are unrepresented – we expect all to follow our procedures." The ruling underscores that self-represented litigants are held to the same procedural standards as attorneys.
While the case was dismissed without prejudice, Tillman faces a significant obstacle if she wishes to refile – the statute of limitations for personal injury cases in Iowa typically expires two years from the date of the incident. Given that the crash occurred in January 2018, any future legal action on this claim would likely be barred.
This ruling serves as a reminder of the importance of timely and proper service in civil litigation. Whether represented by an attorney or acting pro se, plaintiffs must adhere to court procedures to keep their cases active.
