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).
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
Supreme Court
Oral Argument Schedule
15-15-5
Nov 14, 2024 1:30 PM