Van Dorn v. Hunter, No. 18-2053 (8th Cir. 2019)Annotate this Case
Plaintiff filed suit against defendant, alleging that defendant was grossly negligent and that this negligence caused plaintiff substantial harm. Both parties were electrical linesman. Plaintiff was injured at a worksite when a wire defendant's team disconnected from a downed pole snapped free and struck plaintiff in the face.
The Eighth Circuit affirmed the district court's grant of summary judgment for defendant and held that the district court did not err in concluding that Iowa's Workers' Compensation Act provided the exclusive remedy for plaintiff's injury because he could not establish that defendant was grossly negligent. The court held that plaintiff failed to present evidence creating a factual dispute with regard to defendant's awareness that injury was probable. In this case, defendant's crew members agreed with him that the jerry-rigged setup would be the best way to secure the wire. While plaintiff's injuries suggested that the setup may have been negligent, mere negligence did not satisfy Iowa's stringent requirements for allowing co-employee liability.