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Case No. 20-0136

For summaries from opinions prior to August, 2018, view PDF versions here

Kevin Lancial
v.
Charles Burrell and Matthew Van Dyke

Appellant

Kevin Lancial

Appellee

Charles Burrell and Matthew Van Dyke

Attorneys for Appellant

Matthew R. Denning and Christopher D. Spaulding

Attorneys for Appellee

John O. Haraldson

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0136
Date Published:
Sep 23, 2020
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.    

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