Skip to main content
Iowa Judicial Branch
Main Content

Case No. 17-1922

Michael L. Cupps
S & J Tube, Inc.


Michael L. Cupps


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:
Jan 09, 2019

            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.

© 2024 Iowa Judicial Branch. All Rights Reserved.