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Case No. 23-0603

Nedzad Mehmedovic as the Administrator of the Estate of Hus Hari Buljic and as the Administrator of the Estate of Sedika Buljic, Honario Garcia, Individually and as Administrator of the Estate of Reberiano Leno Garcia; and Arturo de Jesus Hernandez et. al
v.
Tyson Foods, Inc., Tyson Fresh Meats, Inc., John H. Tyson, Noel W. White, Dean Banks, Stephen R. Stouffer, Tom Brower, Tom Hart, Cody Brustkern, John Casey, Bret Tapken, James Hook, Doug White, Mary Jones and Debra Adams

Plaintiffs, the estates of individuals who died from COVID-19, appeal district court orders in two consolidated cases dismissing for lack of subject matter jurisdiction their respective claims against their former employer, supervisors and co-workers. Plaintiffs contend the court erred in finding their claims for fraudulent misrepresentation, gross negligence and punitive damages are barred by the exclusivity provisions of workers compensation. See Iowa Code § 85.20 (2023).

County:
Black Hawk
Trial Court Case No.:
LACV140521 & LACV140822

Appellant

Nedzad Mehmedovic as the Administrator of the Estate of Hus Hari Buljic and as the Administrator of the Estate of Sedika Buljic, Honario Garcia, Individually and as Administrator of the Estate of Reberiano Leno Garcia; and Arturo de Jesus Hernandez et. al

Appellee

Tyson Foods, Inc., Tyson Fresh Meats, Inc., John H. Tyson, Noel W. White, Dean Banks, Stephen R. Stouffer, Tom Brower, Tom Hart, Cody Brustkern, John Casey, Bret Tapken, James Hook, Doug White, Mary Jones and Debra Adams

Attorneys for the Appellant

Thomas P. Frerichs
Luke D. Guthrie
John J. Rausch
Mel C. Orchard, III
G. Bryan Ulmer, III

Attorneys for the Appellee

Nicholas Klinefeldt
David Yoshimura
Kevin J. Driscoll
Eric G. Hoch
Christopher S. Coleman
Jessica L. Everett-Garcia
Margo R. Casselman
Samantha J. Burke
Eric B. Wolff

Other Information

Date Retained:
Mar 26, 2024
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