Michael L. Cupps
v.
S & J Tube, Inc.
Appellant
Michael L. Cupps
Appellee
S & J Tube, Inc.
Attorney for the Appellant
John D. Simmons
Attorney for the Appellee
Timothy D. Roberts
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Louisa County, Michael J. Schilling, Judge. AFFIRMED. Heard by Potterfield, J., Doyle, J., and Danilson, S.J. Opinion by Danilson, S.J. (12 pages)
Michael Cupps contends the district court erred in granting summary judgment because the employment application he signed is not a contract. Alternatively, Cupps contends the exculpatory clause contained in the application is invalid because it does not certainly and unequivocally state the signer is waiving claims for negligence, or, even if the exculpatory clause is valid, Cupps’s injury was not a “work-related injury” within the meaning of the contract. OPINION HOLDS: Because we conclude a binding contract existed between the parties, the exculpatory clause clearly and unequivocally alerts the casual reader the signer is waiving any claim for damage, and the injury was work-related, we affirm.