Kevin Lancial
v.
Charles Burrell and Matthew Van Dyke
Appellant
Kevin Lancial
Appellee
Charles Burrell and Matthew Van Dyke
Attorney for the Appellant
Matthew R. Denning and Christopher D. Spaulding
Attorney for the Appellee
John O. Haraldson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge. AFFIRMED. Considered by Doyle, P.J., and Mullins and Greer, JJ. Opinion by Doyle, P.J. (5 pages)
Kevin Lancial appeals from summary judgment granted for the defendants in his gross negligence suit. OPINION HOLDS: To establish his co-employees were grossly negligent, Lancial must show defendants had: “(1) knowledge of the peril to be apprehended; (2) knowledge that injury is a probable, as opposed to a possible, result of the danger; and (3) a conscious failure to avoid the peril.” Thompson v. Bohlken, 312 N.W.2d 501, 505 (Iowa 1981). Because the evidence did not support the second element, grant of summary judgment was proper.