Eischeid v. Dover Const., Inc.
| Citation | 265 F.Supp.2d 1047 |
| Decision Date | 02 June 2003 |
| Docket Number | No. C 00-4100-MWB.,C 00-4100-MWB. |
| Parties | James EISCHEID, Plaintiff, v. DOVER CONSTRUCTION, INC., and Woods Masonry, Inc., Defendants, and Dover Construction, Inc., Third-Party Plaintiff, v. Woods Masonry, Inc., Third-Party Defendant and Third-Party Plaintiff, v. DeLoss Construction, Inc., Third-Party Defendant. |
| Court | U.S. District Court — Northern District of Iowa |
Stephen F. Avery, Cornwall, Avery, Bjornstad, Scott, Spencer, IA, for Deloss Construction Inc.
Matthew T. E. Early, Rawlings, Neiland, Probasco, KiJlinger, Ellwanger, Jacobs, et al., Daniel L. Hartnett, Crary-Huff-Inkster-Hecht-Sheehan-Ringenberg-Hartnett-Storm, Sioux City, IA, for Woods Masonry, Inc.
John C. Gray, Heidman, Redmond, Fredregill, Patterson, Plaza, Dykstra & Prahl, Paul D. Lundberg, Lundberg Law Firm, Sioux City, IA, for Dover Construction, Inc.
Dean F. Suing, Todd W. Weidemann, Katskee, Henatsch & Suing, Omaha, NE, N. Richard Willia, Willia, Stahle & Andreasen, Sioux City, IA, for Otis Koglin Wilson Architects, Inc. and James Eischeid.
In this lawsuit, plaintiff James Eischeid asserts claims arising from an accident at a construction site on March 17, 1999. Eischeid was working at the site as an employee of Woods Masonry, Inc. (Woods), which was, in turn, a subcontractor for masonry work on the construction project for the general contractor, Dover Construction, Inc. (Dover). Apparently because the construction project was behind schedule, Dover had also hired De-Loss Construction, Inc., to grout masonry walls as Woods completed the block work. Eischeid was seriously injured when an unbraced, ungrouted wall under construction on the project collapsed, apparently under the force of gusty winds.
Eischeid filed this lawsuit on September 15, 2000, asserting claims of negligence and failure to maintain a safe workplace against Dover. Dover filed a third-party complaint against Woods on November 3, 2000, then an amended third-party complaint on December 20, 2000, asserting that Woods's negligence caused Eischeid's injuries; that Woods breached the subcontract, by failing to obtain workers' compensation insurance, failing to comply with the plans and specifications, and failing to comply with OSHA safety regulations; and that Woods was required by the subcontract to indemnify Dover for any recovery Eischeid might receive against Dover. Eischeid eventually amended his complaint on March 19, 2001, to assert his own "direct" negligence claim against Woods, as well as a negligent design claim against the architects for the construction project, Otis, Koglin, Wilson Architects, Inc. On January 22, 2003, Eischeid dismissed his claims against the architects, leaving Dover and Woods as the only "direct" defendants. On August 7, 2002, Woods filed its own third-party complaint against DeLoss Construction, Inc., in which Woods alleges that DeLoss's negligence caused all or part of Eischeid's damages.
This matter is now before the court on two motions for summary judgment. First, on March 25, 2003, Woods mpved for summary judgment on Eischeid's "direct" neglegence claim against Woods and on Dover's third-party claims of neglegence, breach of contract, and indemnity against Woods asseerting, in essence, that the "exclusive remedy: provisions of the Iowa Worker's Compation Act, IOWA CODE CH. 668, bar both Eischeid's and Dover's Claims. Doveer resisted Woodss's motion for summary judgment on April 11, 2003, but Eischeid has never responded to the motion. The Second motion for summary judgment now before the court is third-party defendant DeLoss's April 25, 2003, motion, in whioch DeLoss contends that Woods has conceded that DeLoss did nothing wrong and is not at fault for the injuries to Eischeid. Woods resisted DeLoss's motion for summary judgment on May 15, 2003. These matters are now fully submitted and the court will consider them in turn. However, the court must first consider the standards applicable to these summary judgment motions.
II. STANDARDS FOR SUMMARY JUDGMENT
As this court has explained on a number of occasions, applying the standards of Rule 56 of the Federal Rules of Civil Procedure providing for summary judgment, the trial judge's function at the summary judgment stages of the proceedings is not to weigh the evidence and determine the truth of the matter, but to determine whether there are genuine issues for trial. Quick v. Donaldson Co., 90 F.3d 1372, 1376-77 (8th Cir.1996); Johnson v. Enron Corp., 906 F.2d 1234, 1237 (8th Cir.1990). In reviewing the ecord, the court must view all the facts in the light most favorable to to the nonmoving party and give that party the benifit of all reasonable inferences that can be drawn from the facts. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89, L.Ed.2d 538 (1986); Quick, 90 F.3d at 1377 (same). Procedurally, the movimng party bears "the initial responsibility of informing the district court of the basis for its motion and identifying those portions of the records which show lack of a genuine issue." Hartnagel v. Norman, 953 F.2d 394, 395 (8th Cir.1992) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct, 2548, 91 L.Ed.2d 265 (1986)); See also Rose-Maston v. NHE Hosps., Inc., 133 F.3d 1104, 1107 (8th Cir. 1998); Red v. Woodruff County, Ark., 7 F.3d 808, 810 (8th Cir.19936). When a moving party has carried its burden under Rule 56(c), the party opposing summary judgment is required under Rule 56(e) to go beyond the "depositions, answers to interrogatories, and admission on file designate "speciffic facts showing that there is a genuine issue for trial." FED.R.CIV.P.56(e); Celotex, 477 U.S. at 324, 106 S.Ct.2548; Rabushka ex. rel. United States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. at 49 F.3d 1324, 1325 (8th Cir.1995). An issue of material fact is "genuine" if it has a real basis in the record. Hartnagel, 953 F.3d at 394 (citing Mastushita Elec. Indus. Co., 475 U.S. at over facts that might affect the outcome of the suit under the governing law will properly precluded the entry of summary judgemney i.e. are "material." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Beyerbach, 49 F.3d at 1326; Hartnagel, 953 F.2d at 394. If a party fails to make a sufficient showing of an essential element of a claim with respect to which that party has the burden of proof, then the opposing party is "entitled to judgment as a matter of law." Celotex Corp., 477 U.S. at 323, 106 S.Ct. 2548; In re Temporomandibular Joint (TMJ) Implants Prod. Liab. Litig., 113 F.3d 1484, 1492 (8th Cir.1997). Ultimately, the necessary proof that the nonmoving party must produce is not precisely measurable, but the evidence must be "such that a reasonable jury could return a verdict for the monmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Allison v. Flexway Trucking, inc., 28 F.3d 64, 66 (8th Cir.1994). The court will apply these standards to both of the pending motions for summary judgment.
III. WOODS'S MOTION FOR SUMMARY JUDGMENT]
As mentioned above, the first motion for summary judgment before the court is Woods's March 25, 2003, motion for summary judgment on Eischied's "direct" negligence claim against Woods and on Dover's third-party claims of negligence, breach of contract, and indemnity against Woods. Although dover resisted Woods's motion for summary judgment on April 11,] 2003, Eischeid has never responded to the motion.
The court could simply grant that portion of Woods's motion for summary judgment on Eischied's negligence claim against Woods on the ground that Eischeid has failed to resist the motion. See N.D. IA L.R. 56.1(c) (). However, the court prefers to address dispositive motions on the merits rather than on procedural grounds, where possible. The court therefore considers some brief...
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Eischeid v. Dover Construction, Inc., No. C 00-4100-MWB (N.D. Iowa 8/25/2003), C 00-4100-MWB.
...when the court determined that the indemnity action should be tried under "comparative fault" procedures. See Eischeid v. Dover, 265 F. Supp.2d at 1047, 1058-59 (N.D.Iowa 2003) (citing Sward v. Nelson Construction, Inc., 2003 WL 118206 (Iowa Ct.App. Jan.15, 2003), and Martin & Pitz Assocs.,......
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State Auto Mutual Ins. Co. v. Dover Const., Inc.
...to indemnify Dover for damages arising out of Woods's negligence but not out of Dover's own negligence. Eischeid v. Dover Constr., Inc., 265 F.Supp.2d 1047, 1056-57 (N.D.Iowa 2003). The court also granted Woods's unresisted motion to the extent Dover asserted claims of negligence, for contr......