(concurring specially).
I concur in the majority opinion because appellants did not raise the issue of the constitutionality of Iowa Code section 613A.5 (1979). I remain convinced this statute is unconstitutional for the reasons found in my dissent in Lunday v. Vogelmann, 213 N.W.2d 904, 908-12 (Iowa 1973). The facts of this case further demonstrate the fundamental and basic unfairness, rising to constitutional dimensions, of this legislation. .