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Juanita Lavery, Individually and as Administrator of The Estate of John Lavery, Chelsie Gohlmann, and Allison Lavery
v.
Steve Campbell
Appellant
Juanita Lavery, Individually and as Administrator of The Estate of John Lavery, Chelsie Gohlmann, and Allison Lavery
Appellee
Steve Campbell
Attorney for the Appellant
Molly M. Hamilton and Steve Hamilton
Attorney for the Appellee
James M. Heckmann and Nathan McConkey
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Story County, Jennifer Miller, Judge. AFFIRMED. Heard by Greer, P.J., and Buller and Langholz, JJ. Opinion by Langholz, J. (11 pages)
The Estate of John Lavery, his wife, and two daughters appeal the district court’s grant of summary judgment dismissing their gross-negligence claims against Lavery’s coworker, Steve Campbell, arising from Lavery’s death at work. OPINION HOLDS: Plaintiffs’ gross-negligence claims against Campbell fail because they have shown no evidence from which a jury could find that Campbell knew that Lavery’s injury was probable rather than just possible from the continued operation of the hydraulic motor test stand after another employee raised concerns to Campbell and Campbell successfully operated the test stand without incident. The district court correctly granted summary judgment to Campbell.
