Jacobs v. State
Fantasia Jacobs, Individually and as parent and natural guardian of her minor children C.J.J., T.F., C.J.F., A.J.F., and Currey Jacobs Miller, Plaintiffs-Appellants
State of Iowa, Defendant-Appellee
Attorneys for Appellants
Nathaniel D. Staudt
Nicholas L. Shaull
Attorney for Appellee State
Noah Goerlitz, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Louisa County, Wyatt Peterson, Judge. AFFIRMED. Heard by Vaitheswaran, P.J., and Schumacher and Ahlers, JJ. Opinion by Ahlers, J. (9 pages)
Fantasia Jacobs and her children appeal following the district court’s directed verdict in favor of the defendant in this action alleging gross negligence by Jacobs’s co-employee. OPINION HOLDS: The plaintiffs failed to establish as a matter of law that the co-employee had knowledge that injury was a probable, as opposed to a possible, result of a workplace danger or that the co-employee consciously failed to avoid the danger. The district court was correct to grant directed verdict.
