Construing Iowa's special co-employee immunity statute [Iowa Code § 85.20(2)], pursuant to which a coemployee is not immune from tort liability if his or her gross negligence causes injury to...
Iowa Employee’s Tort Action Against Co-Employees Alleging Gross Negligence Fails Iowa Employee’s Tort Action Against Co-Employees Alleging Gross Negligence FailsConstruing Iowa’s co-employee immunity statute, Iowa Code § 85.20(2), which allows a co-employee to be sued for injuries caused by the co-employee’s “gross negligence amounting to such lack of care...
$7 Million Verdict Against Iowa Co-Employee Cannot Stand $7 Million Verdict Against Iowa Co-Employee Cannot StandConstruing Tex. Lab. Code Ann. § 408.001(b), which provides that the exclusive remedy provision of the Texas Workers’ Compensation Act does not prohibit the recovery of exemplary damages by the...
Texas Gross Negligence Statute Requires Showing of Both Objective and Subjective Elements Texas Gross Negligence Statute Requires Showing of Both Objective and Subjective ElementsA Texas appellate court recently affirmed a trial court’s summary judgment in favor of an employer in a gross negligence action filed against it by the family of a worker...
Texas Employer Not Liable for Gross Negligence After Heat-Related Death Texas Employer Not Liable for Gross Negligence After Heat-Related DeathParent Faces “Catch-22”: Wrongful Death Claim Barred by Exclusivity, Yet No Workers’ Comp Benefits Available The Supreme Court of Alaska, in Burke v. Raven Elec., 2018 Alas. LEXIS 64 (May...
Alaska’s High Court Upholds Total Bar of Recovery for Non-Dependent Parents of Deceased Employees Alaska’s High Court Upholds Total Bar of Recovery for Non-Dependent Parents of Deceased EmployeesAn Iowa sole proprietor, who worked alongside his employees, was nevertheless still an employer—and not a co-employee—for purposes of the Iowa Workers’ Compensation Act, held a state appellate court [Mullen...
Iowa Sole Proprietor Working Alongside Others is Still Employer For Purposes of Workers’ Compensation Exclusive Remedy Defense Iowa Sole Proprietor Working Alongside Others is Still Employer For Purposes of Workers’ Compensation Exclusive Remedy Defense