Meade v. Ries

642 N.W.2d 237, 2002 Iowa Sup. LEXIS 39, 2002 WL 550460
CourtSupreme Court of Iowa
DecidedFebruary 27, 2002
Docket00-0369
StatusPublished
Cited by12 cases

This text of 642 N.W.2d 237 (Meade v. Ries) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meade v. Ries, 642 N.W.2d 237, 2002 Iowa Sup. LEXIS 39, 2002 WL 550460 (iowa 2002).

Opinion

LAVORATO, Chief Justice.

Patrick Meade appeals from a summary-judgment ruling in favor of the defendant, Edward Ries, dismissing Meade’s negligence suit to recover for injuries he sustained when a tire owned by Ries exploded. At the time, Meade and Ries were coemployees. The injury occurred on the employer’s premises when Ries, who was not on duty at the time, was working on the tire for his personal benefit. The tire exploded when Ries was called away from the tire to help another coemployee with a work-related task. The question we must decide is whether the Iowa Code section 85.20(2) (1997) coemployee immunity applies. The district court concluded the immunity did apply. We disagree and reverse and remand for further proceedings.

I. Background Facts and Proceedings.

The incident underlying this action happened on April 18, 1998, at Swiss Valley Ag Farms, Co. (Swiss Valley) in Hopkin-ton, Iowa. At the time of the incident, Meade and Ries were both employees of Swiss Valley. The company sold agricultural supplies and services. It also maintained a shop and employed a maintenance staff to care for its equipment and facilities.

Ries worked for Swiss Valley as a semi driver, delivering grain, anhydrous ammonia, liquid fertilizer, and other products. Meade was a mechanic and worked in Swiss Valley’s maintenance shop.

On the day in question, Ries was not scheduled to work. That morning, he brought a tire off of his manure spreader to the Swiss Valley maintenance shop to repair it. Ries determined the tire was leaking air between the bead and rim. He deflated the tire completely and cleaned the rim. After cleaning the rim, Ries took the tire to a tire cage in the shop and used an inflator ring to make the tire bead seal to the rim. He did not put the tire inside the tire cage. After using the inflator ring, Ries attached an air hose and chuck to the tire to finish inflating it.

Jason Miles, a Swiss Valley mechanic, was working in the shop on the morning in question. At the time of the incident, Miles was working on the brakes of a semi driven regularly by Ries in the course of his employment at Swiss Valley.

At some point during his repair work, Miles needed someone to push down the brake pedal on the semi. He asked Ries, who was standing nearby, to perform this task. The request came within a minute after Ries had attached the air hose to his tire. Ries obliged, and Miles determined the brakes were working properly. Ries exited the cab of the semi, came around to the front of the semi, and stood by Miles. Miles explained to Ries what the problem had been and what he had done to repair the brakes. During this conversation, Miles saw Meade enter the shop area and go to Miles’s toolbox to retrieve a tool.

A minute or less after Miles saw Meade, and while Miles and Ries were talking, Ries’s tire exploded and struck Meade. Ries and Miles heard Meade screaming that he was hurt, and Ries yelled for someone to call 911. At the time of the incident, Meade was performing regularly scheduled tasks during normal work hours in the area where the incident occurred.

Ries estimated he was in the semi a couple of minutes, and his conversation with Miles lasted about a minute. Miles estimated two minutes had passed between the time he asked Ries to help him and the time of the explosion. He estimated a little less than ninety seconds had passed *241 between the time he told Ries everything was working and the time of the explosion. Sometime after the incident, Ries told Miles the accident had occurred because he had forgotten he was putting air in his tire.

At the time of the incident, Swiss Valley had an unwritten policy that permitted employees to do private work in the shop using company equipment.

Meade filed suit against Ries, alleging he was negligent and seeking damages for the injuries Meade suffered due to that negligence. Ries answered, denying the allegations and asserting an affirmative defense of coemployee immunity pursuant to Iowa Code section 85.20(2).

Ries moved for summary judgment, alleging the court lacked subject matter jurisdiction because as a coemployee of Meade, Ries was entitled to immunity for his negligent acts under section 85.20(2). Meade resisted, asserting that Ries did not come within the class of coemployees protected by section 85.20(2), because his negligence did not arise out of and in the course of employment.

The district court sustained the motion for summary judgment.

II.Issues.

Meade agrees with most of the district court’s summary judgment ruling. His disagreement comes in the application of the court’s legal conclusions to the facts of this case.

Meade contends the district court correctly concluded that section 85.20(2) does not provide absolute immunity for ordinary negligent acts committed by a coem-ployee. In support of his contention, Meade argues the district court correctly determined an employee is entitled to the section 85.20(2) immunity provisions only if his or her negligent acts “arise out of’ and “in the course of’ employment.

Ries disputes this conclusion, arguing in favor of absolute immunity. Ries relies on his absolute immunity argument as a ground to uphold the district court’s ruling.

Meade also contends the district court erred in concluding that Ries’s acts “arose out of’ and “in the course of’ his employment.

III. Scope of Review.

We review a summary judgment ruling for correction of errors at law. Iowa R.App. P. 4; Bailey v. Batchelder, 576 N.W.2d 334, 337 (Iowa 1998). Summary judgment is appropriate where the moving party shows no genuine issue of material fact exists and it is therefore entitled to judgment as a matter of law. Iowa R. Civ. P. 237(c); Bennett v. MC No. 619, Inc., 586 N.W.2d 512, 516 (Iowa 1998). We examine the record before the district court to determine whether any genuine issue of material fact exists and whether the district court correctly applied the law. Schoff v. Combined Ins. Co. of America, 604 N.W.2d 43, 45 (Iowa 1999). A “genuine” issue of material fact exists if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Sievers v. Iowa Mut. Ins. Co., 581 N.W.2d 633, 635 (Iowa 1998). A fact is “material” only if it is outcome determinative. Id.

IV. The Absolute Coemployee Immunity Issue.

The coemployee immunity provision is found in Iowa Code section 85.20, which provides in pertinent part:

The rights and remedies provided in this chapter ... for an employee on account of injury, ... for which benefits under this chapter ... are recoverable, *242 shall be the exclusive and only rights and remedies of such employee ... at common law or otherwise, on account of such injury, ....

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Anderson v. Bristol, Inc.
847 F. Supp. 2d 1128 (S.D. Iowa, 2012)
Lakeside Casino v. Blue
743 N.W.2d 169 (Supreme Court of Iowa, 2007)
Subcliff v. Brandt Engineered Products, Ltd.
459 F. Supp. 2d 843 (S.D. Iowa, 2006)
United States v. Bradford
433 F. Supp. 2d 1001 (N.D. Iowa, 2006)
Meyer v. IBP, Inc.
710 N.W.2d 213 (Supreme Court of Iowa, 2006)
Jerry Meyer, Vs. Ibp, Inc.
Supreme Court of Iowa, 2006
Stringer v. Minnesota Vikings Football Club, LLC
705 N.W.2d 746 (Supreme Court of Minnesota, 2005)
Cubit v. Mahaska County
677 N.W.2d 777 (Supreme Court of Iowa, 2004)
Fredette v. Simpson
440 Mass. 263 (Massachusetts Supreme Judicial Court, 2003)
Thayer v. State
653 N.W.2d 595 (Supreme Court of Iowa, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
642 N.W.2d 237, 2002 Iowa Sup. LEXIS 39, 2002 WL 550460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meade-v-ries-iowa-2002.