W and T Atcher v. Flaherty, 99-938

• Decision Date: 30 August 2000
• Docket Number: 99-938
• Parties: NOTICE! No decision has been made on publication of this opinion. The opinion is subject to modification or correction by the court and is not final until the time for rehearing or further review has passed. An unpublished opinion of the court of appeals MAY NOT BE CITED by a court or by a party in any other action. The official published opinions of the Iowa Court of Appeals are those published in the North Western Reporter published by West Group. WILLIAM ATCHER and THERESA ATCHER, Plaintiffs-Appellants, vs. RUSSELL FLAHERTY, Defendant-Appellee./ 99-938 IN THE COURT OF APPEALS OF IOWA Filed
• Court: Iowa Court of Appeals

NOTICE! No decision has been made on publication of this opinion. The opinion is subject to modification or correction by the court and is not final until the time for rehearing or further review has passed. An unpublished opinion of the court of appeals MAY NOT BE CITED by a court or by a party in any other action. The official published opinions of the Iowa Court of Appeals are those published in the North Western Reporter published by West Group

WILLIAM ATCHER and THERESA ATCHER Plaintiffs-Appellants vs RUSSELL FLAHERTY, Defendant-Appellee.

No. 0-112 / 99-938

IN THE COURT OF APPEALS OF IOWA

Filed August 30, 2000

Appeal from the Iowa District Court for Clarke County, Dale B. Hagen, Judge.

Plaintiffs appeal from the district court ruling granting summary judgment for defendant on their negligence claim. AFFIRMED.

Theodore R. Hoglan of Fairall, Fairall, Kaplan, Hoglan & Condon, Marshalltown, for appellant.

Joel T.S. Greer of Cartwright, Druker & Ryden, Marshalltown, for appellee.

Considered by Streit, P.J., and Zimmer and Hecht, JJ.

ZIMMER, J.

Overview. Plaintiffs-appellants, William and Teresa Atcher, appeal the district court's grant of summary judgment for defendant, Russell Flaherty, on their negligence claim. They claim the court erred in finding there was "no evidence or deduction which can be made from the evidence . . . that defendant knew or had reason to know of any danger associated with the ladder" from which plaintiff William Atcher fell. We affirm the district court's grant of summary judgment

Background. William Atcher was injured after he fell from a feed-bin ladder while delivering feed to Russell Flaherty's farm. Atcher had delivered feed to Flaherty ten to fifteen times before without incident. Some of Atcher's coworkers also had delivered feed to Flaherty without slipping or falling from the ladder. Atcher contends he and his co-workers complained about the ladder to their employer, but admits neither he nor co-workers complained to Flaherty.

Atcher and his wife sued Flaherty, alleging he was negligent in failing to provide an adequate ladder on the bin and failing to warn Atcher about a dangerous condition concerning the ladder. Flaherty denied the allegations and pled affirmative defenses of Atcher's own negligence, his knowledge of and assumption of any risk, and a reasonable expectation Atcher would realize any risk and protect himself. After nearly four months of discovery, Flaherty moved for summary judgment. Atcher resisted the motion.

District court proceedings. The parties submitted affidavits, answers to interrogatories, a statement of material facts, and memoranda to the court. The affidavits revealed no one had fallen from that ladder either before or after Atcher. Flaherty denied any knowledge of a dangerous condition. The district court sustained Flaherty's motion for summary judgment, finding there was no evidence that Flaherty knew or had reason to know of any danger associated with the ladder, and that Atcher was fully aware of any such danger. The court also discussed premises liability and the application of industry standards to third parties under Iowa law.

Scope of review. Iowa Rule of Civil Procedure 237(c) provides:

The [summary] judgment sought should be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

We review a summary judgment ruling for error. Benavides v. J.C. Penney Life Ins. Co., 539 N.W.2d 352, 354 (Iowa 1995). Summary judgment may be entered if the record shows "no genuine issue as to any material fact and . . . the moving party is entitled to judgment as a matter of law." Iowa R. Civ. P. 237(c). Thus, "we examine the record before the district court to decide whether a genuine issue of material fact exists and whether the court correctly applied the law." Benavides, 539...