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Damon Stalkfleet
v.
Edgar Stroughmatt
Appellant
Damon Stalkfleet
Appellee
Edgar Stroughmatt
Attorney for the Appellant
Gary Dickey and Matthew Sahag
Attorneys for the Appellee
Kent A. Gummert, Alexandra C. Galbraith Davis (until withdrawal), and Jessica L. McNamara
Andrew C. Johnson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Muscatine County, The Honorable Patrick A. McElyea, Judge. AFFIRMED. Considered without oral argument by Schumacher, P.J., Ahlers, J., and Bower, S.J. Opinion by Schumacher, P.J. (10 pages)
Damon Stalkfleet appeals the district court ruling in favor of Edgar Stroughmatt’s motion for summary judgment. He asserts there are genuine issues of material fact regarding whether Stroughmatt possessed actual knowledge of peril to be apprehended because of improper training and faulty equipment leading to Stalkfleet’s brother’s death, based on alleged co-employee gross negligence. He also alleges that a genuine issue of material fact exists as to whether bystander liability extends to Stalkfleet because he witnessed his brother’s injuries. OPINION HOLDS: Upon our review, we affirm the district court’s order granting summary judgment in favor of Stroughmatt.
