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Beverage v. ALCOA, Inc
Larry C. Beverage, Individually and as Personal Representative of the Estate of Charles E. Beverage, Deceased, and Linda K. Anderson, and Bonnie K. Valentine, Plaintiffs-Appellants
ALCOA, Inc. a Pennsylvania Corporation, Defendant-Appellee
Attorneys for Appellants
Misty A. Farris
James H. Cook
Attorney for Appellee
Robert M. Livingston
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge. REVERSED AND REMANDED WITH DIRECTIONS. Heard by Greer, P.J., and Ahlers and Buller, JJ. Opinion by Buller, J. Special Concurrence by Greer, P.J. (28 pages)
A deceased independent contractor and his family challenge the grant of summary judgment for a land possessor in a premises-liability action. OPINION HOLDS: Because the district court applied the incorrect duty of care and we do not modify the duty of care of land possessors, we reverse and remand with directions to apply the correct duty of care owed by land possessors to entrants. SPECIAL CONCURRENCE ASSERTS: I agree with the majority that this case should be remanded for further consideration but disagree over what we should direct the district court to do. In my opinion, the court must revisit Alcoa, Inc.’s (Alcoa) potential liability under both the land possessor-entrant theory and the employer-independent contractor theory without separating the two—as Charles Beverage was both an entrant and the employee of Alcoa’s independent contractor at the same time.
