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Case No. 21-1971

Jacobs v. State

County:
Louisa

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:
21-1971
Date Published:
Feb 08, 2023
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.

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