Anderson in Doe v. Cherwitz

In Anderson in Doe v. Cherwitz (Iowa 1994) 518 N.W.2d 362, the Court refusing to allow a husband's loss of consortium claim based on injuries his wife sustained from a sexual assault by a physician during a pelvic examination before their marriage. Rejecting the argument that a cause of action for loss of consortium is valid as long as the underlying harm to the other spouse is not discovered until after the marriage, the court wrote: "The discovery rule has been adopted to ameliorate the harsh results of a statute of limitations when the injury was unknown and basically unknowable. The discovery rule anticipates that the claimant had a valid cause of action within the period of limitations, but for some reason, was unaware of it. Here, because there was no marital relation between Jane and John Doe, there was no cause of action within the period of limitations, and the discovery rule cannot create one when none had ever existed during the period of limitations." ( Id. at p. 365.)