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Nordine v. Woodburn

Court of Appeal of Iowa

November 20, 2013

GAYLORD NORDINE, M.D., and MIDWEST CLINICAL ASSOCIATES, P.C., Plaintiffs-Appellants,
v.
CHESTER C. WOODBURN and PROASSURANCE WISCONSIN INSURANCE COMPANY, Defendants-Appellees.

Appeal from the Iowa District Court for Polk County, Terry Rickers, Judge.

Plaintiffs appeal from the district court's order granting summary judgment in favor of defendants.

Peter C. Riley of Tom Riley Law Firm, P.L.C., Cedar Rapids, for appellants.

Nicholas J. Kilburg and Patrick M. Roby of Elderkin & Pirnie, P.L.C., Cedar Rapids, for appellee Woodburn.

Nancy J. Penner and Robert D. Houghton of Shuttleworth & Ingersoll, P.L.C., Cedar Rapids, for appellee ProAssurance.

Heard by Vogel, P.J., and Potterfield and McDonald, JJ.

McDONALD, J.

Dr. Gaylord Nordine and Midwest Clinical Associates, P.C., (collectively, hereinafter "Nordine parties") appeal the ruling and order of the district court granting summary judgment and dismissing their claim for legal malpractice. Because we conclude that the district court did not err, we affirm the judgment of the district court.

I.

Dr. Nordine was a licensed psychiatrist practicing through his professional corporation, Midwest Clinical Associates. On June 14, 2005, Dr. Nordine pleaded guilty to the offense of sexual exploitation by a counselor or therapist, in violation of Iowa Code sections 709.15(2)(b) and 709.15(4)(b) (2001). At the time of the plea colloquy, under oath, Dr. Nordine stated that between November 2002 and April 2004 he engaged in sexual conduct with an emotionally dependent patient or former patient, L.L., within one year of the termination of the provision of mental health services to L.L., for the purpose of arousing or satisfying his own sexual desires:

THE COURT: Doctor Nordine, between the time of November 2002 until April 2004 in Polk County, Iowa, did you engage in sexual conduct with an emotionally dependent patient?
DEFENDANT: Yes.
THE COURT: Was this for the purpose of arousing or satisfying ...

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