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Elisha Stokes
v.
Mario Murillo
Appellant
Elisha Stokes
Appellee
Mario Murillo
Attorney for the Appellant
Thomp J. Pattermann
Attorney for the Appellee
J. Scott Bardole
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge. AFFIRMED. Considered by Bower, C.J., and Schumacher and Langholz, JJ. Opinion by Langholz, J. (10 pages)
Elisha Stokes appeals the district court’s grant of summary judgment dismissing a gross-negligence claim against his coworker, Mario Murillo. OPINION HOLDS: Stokes’s claim that Murillo’s operation of the rebar-cutting machine with the safety mechanism disabled fails because Stokes has shown no evidence from which a jury could find that Murillo knew that injury was probable rather than just possible from that operation. Stokes failed to preserve error on his other argument of gross negligence because it was not raised in, or decided by, the district court.
