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Case No. 21-0723

Jacqueline Sue Uhler
v.
The Graham Group, Inc.

Jaqueline Uhler appeals from the court’s grant of summary judgment to The Graham Group, Inc., arguing there was sufficient evidence for the court to submit the issue of causation to a jury.

County:
Polk

Applicants

Jacqueline Sue Uhler

Resister

The Graham Group, Inc.

Attorneys for Applicants

Jason D. Walke
Troy A. Skinner

Attorneys for Resister

James S. Blackburn

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0723
Date Published:
Jun 15, 2022
Summary

Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J. Dissent by Tabor, P.J. (17 pages)

            Jacqueline Uhler appeals from the grant of summary judgment dismissing her personal-injury claim against The Graham Group, Inc. (Graham).  Uhler argues the district court erred in finding she failed to generate a fact question on whether Graham’s use of a chemical in Uhler’s office building resulted in permanent damage to her lungs and other injuries.  OPINION HOLDS: Uhler did not provide expert testimony or other evidence to generate a fact question on whether Graham’s use of the chemical caused her to be exposed to levels of toxins sufficient to cause her injuries.  We affirm the grant of summary judgment in favor of Graham. DISSENT ASSERTS: Allowing all reasonable inferences, the evidence presents a jury question whether Draynamite fumes dispersed within the building, exposing Uhler to the hazardous substance, and whether that exposure led to acute and long-term injuries.  This showing satisfies both the general- and specific-causation framework recognized in Ranes as well as Bloomquist’s traditional cause-and-effect test.

Other Information

Date Further Review is Granted:
Aug 29, 2022
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