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Case No. 20-0136

Kevin Lancial
Charles Burrell and Matthew Van Dyke


Kevin Lancial


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:
Sep 23, 2020

            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.    

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