Attorneys Tansha Akogyeram and Rachel Morgan recently won a motion for summary judgment. Plaintiff claimed he suffered injuries in a single-vehicle accident in which he was a passenger. The plaintiff brought suit against two companies, including Akogyeram and Morgan’s client, for vicarious liability. Specifically, the plaintiff alleged that he and the driver were working for the two companies at the time of the accident, and that under the doctrine respondeat superior, the companies were liable for the negligence of the driver.
Akogyeram and Morgan moved for summary judgment asserting the plaintiff did not have a viable cause of action against their clients. In particular, the defendants argued the plaintiff and driver were independent contractors and, under Iowa law, employers of independent contractors are generally not vicariously liable for injuries arising out of the contractor’s negligence. The defendants further contended that even if the plaintiff and driver were employees, plaintiff’s tort claim would be barred by the exclusive remedy provision of the Iowa Workers’ Compensation Act.
Ultimately, the Court agreed with the defendants, finding the plaintiff and driver were independent contractors when the accident occurred. Therefore, Akogyeram and Morgan’s client could not be held vicariously liable for plaintiff’s claimed injuries. The Court also agreed with Akogyeram and Morgan that even if the plaintiff and driver were employees of the defendant companies, the exclusive remedy provision of the Iowa Workers’ Compensation Act precluded plaintiff’s tort claim.
Reyes v. Hischke, et al., Jasper County Case No. LACV122818.