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Griffith v. Kulper
John Kulper and Travis Galloway, coemployees of decedent Michael Griffith, appealed from the district court’s judgment and award of damages after a jury found they were grossly negligent pursuant to Iowa Code section 85.20(2). They seek further review of the court of appeals’ decision affirming the judgment.
Brea Anne Griffith, individually, as administrator of the Estate of Michael Lee Griffith, and on behalf of L.M.G., a minor,
Resister,
and
Brian Griffith,
Appellee,
vs.
John L. Kulper and Travis J. Galloway,
Applicants.
Attorneys for Resister
John C. Wagner
John G. Daufeldt
Colin W. Smyka
Attorney for Appellee
Cory F. Gourley
Attorneys for Applicants
Matthew G. Novak
Bradley J. Kaspar
Supreme Court
Oral Argument Schedule
15-15-5
Dec 17, 2025 9:00 AM
Briefs
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Benton County, Kevin McKeever, Judge. AFFIRMED. Heard at oral argument by Schumacher, P.J., and Buller and Sandy, JJ. Opinion by Buller, J. (18 pages)
Two defendants appeal an adverse jury verdict in a coemployee gross negligence action arising from Michael Griffith’s death at work, claiming they are entitled to judgment as a matter of law, that the district court erred in the gross negligence jury instructions given, and allege evidentiary issues in admitting administrative citations and certain testimony. OPINION HOLDS: Finding substantial evidence existed on the gross‑negligence claim for a reasonable jury to find the defendants liable, they are not entitled to judgment as a matter of law, and the court did not err submitting the questions to the jury. We find no legal errors in the jury instructions, determine any error in references to evidence underlying the citations was harmless, and the testimony of a treatment provider and a therapist was proper. We affirm.