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Case No. 18-1397

Kara Ganka, As Administrator of the Estate of Bronson Ganka, Kara Ganka, Individually and as Parent and Next Friend of D.G., M.G., and A.G., Minors
v.
Jeffrey Clark

Appellant

Kara Ganka, As Administrator of the Estate of Bronson Ganka, Kara Ganka, Individually and as Parent and Next Friend of D.G., M.G., and A.G., Minors

Appellee

Jeffrey Clark

Attorneys for Appellant

Laura Schultes, Pressley Henningsen, Brian Ivers and Kylie Liu

Attorneys for Appellee

Lee P. Hook

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1397
Date Published:
Nov 27, 2019
Summary

            Appeal from the Iowa District Court for Johnson County, Andrew Chappell, Judge.  AFFIRMED ON APPEAL, CROSS-APPEAL DISMISSED AS MOOT.  Heard by Bower, C.J., and May and Greer, JJ.  Opinion by May, J.  (7 pages)

            Bronson Ganka died as a result of a workplace injury.  His widow, Kara Ganka, brought a gross negligence claim against his co-employee, Jeff Clark.  The jury found in favor of Kara.  Jeff moved for judgment notwithstanding the verdict.  The district court granted Jeff’s motion.  Kara appeals.  OPINION HOLDS: We find there was insufficient evidence to prove gross negligence.  So we affirm the grant of judgment notwithstanding the verdict. 

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