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Calabretto Building Group
v.
Tradesmen International, LLC.
Appellant
Calabretto Building Group
Appellee
Tradesmen International, LLC.
Attorney for the Appellant
Matthew D. Hammes
Attorney for the Appellee
Lynn C. Herndon and Mark D. Aljets
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Heather L. Lauber, Judge. AFFIRMED. Heard by Tabor, P.J., Greer, Schumacher, Badding, Buller, and Langholz, JJ, and Doyle, S.J. Opinion by Tabor, P.J. Special Concurrence by Langholz, J. (19 pages)
Calabretto Building Group sought to hold Tradesmen International—a staffing company—liable for the negligent operation of a forklift by an employee it provided to Calabretto under contract. Tradesmen denied liability, pointing to the terms of its contract with Calabretto. Calabretto argued those terms were void under Iowa Code section 537A.5 (2020). Both moved for summary judgment. The district court granted Tradesmen’s motion. Calabretto appeals. OPINION HOLDS: Because we find that Tradesmen could enforce the contract, and it barred Calabretto’s tort claim, we affirm the grant of summary judgment. SPECIAL CONCURRENCE ASSERTS: I join nearly all of the court’s well-reasoned opinion. But I would not reach the retroactivity question because it is unnecessary to resolve this appeal and a host of reasons counsel against doing so.
