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Case No. 18-1455

Andrew Lechuga
v.
Heartland Co-Op, Mid-States Millwright & Builders, Inc., Mid-States Material Handling & Fabrication, Inc., O & J Enterprises, LLC, Manzano Grain Bin Services, LLC and Garcia Grain Structure, LLC

Appellant

Andrew Lechuga

Appellee

Heartland Co-Op, Mid-States Millwright & Builders, Inc., Mid-States Material Handling & Fabrication, Inc., O & J Enterprises, LLC, Manzano Grain Bin Services, LLC and Garcia Grain Structure, LLC

Attorneys for Appellant

Randall J. Shanks

Attorneys for Appellee

Joseph E. Jones and Elizabeth A. Culhane

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1455
Date Published:
Jun 19, 2019
Summary

            Appeal from the Iowa District Court for Fremont County, Mark J. Eveloff, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Doyle, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (15 pages)

            In an interlocutory appeal, Andres Lechuga challenges the district court decision granting summary judgment to O & J Enterprises, LLC (O & J) in his tort action.  OPINION HOLDS: We find there are genuine issues of material fact on the questions of whether O & J had a subcontractor agreement with Garcia Grain Structures, LLC (Garcia Grain), or whether Ezekiel Garcia was O & J’s employee and whether O & J and Garcia or Garcia Grain had a principal-agent relationship.  On these issues we reverse the district court’s decision granting summary judgment to O & J and remand for further proceedings.  We find the district court properly granted summary judgment to O & J on the issue of whether O & J was in a joint venture with Mid-States Millwright & Builders, Inc. and Garcia or Garcia Grain, and we affirm on this issue.

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