790 N.W.2d 113
Iowa2010Background
- Casey McGill, a University of Iowa employee, sued for personal injuries from maintenance work at the plant and joined his wife and children as plaintiffs.
- Plaintiffs asserted a gross negligence claim against five University coemployees who allegedly failed to train and equip McGill.
- The State moved to dismiss, contending the gross negligence claim against coemployees is a State ITCA claim requiring administrative exhaustion.
- McGills argued the claim falls under Iowa Code § 85.20(2) and § 669.14(5), exempting it from ITCA and aligning with workers’ compensation, and raised equal protection concerns.
- The district court denied the motion to dismiss; the State sought interlocutory review, which this Court granted.
- The Supreme Court reversed and remanded, requiring dismissal of the claims against the state employees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether coemployee gross negligence claims are ITCA-exhausted or exempt under 669.14(5) and 85.20 | McGills: claim is exempt under 85.20(2) and not subject to ITCA. | State: ITCA exhaustion applies; claims against coemployees are within ITCA. | Not exempt; ITCA applies; dismissal required. |
| Whether the Equal Protection Clause bars application of 669.14(5) to exclude or include coemployee gross negligence | Exclusion would bar state workers from suit against coemployees in some circumstances. | No constitutional violation; no meaningful equal protection issue given the statute’s text. | No equal protection violation; statute construed consistently. |
| What is the proper interpretation of 'covered' in 669.14(5) regarding workers’ compensation exclusion | Coemployee gross negligence claims are covered by workers’ compensation, exempt from ITCA. | The term 'covered' means included by workers’ compensation; coemployee gross negligence is not covered. | Plain meaning: 'covered' means covered by workers’ compensation; coemployee gross negligence not covered; ITCA applies. |
Key Cases Cited
- Walker v. Mlakar, 489 N.W.2d 401 (Iowa 1992) (section 85.20 does not create a separate gross negligence cause of action)
- Unertl v. Bezanson, 414 N.W.2d 321 (Iowa 1987) (gross negligence is a measure of conduct, not a distinct action)
- Engstrom v. State, 461 N.W.2d 309 (Iowa 1990) (ITCA recognized a remedy for existing causes of action; not creating new ones)
- Swanger v. State, 445 N.W.2d 344 (Iowa 1989) (ITCA procedures are jurisdictional and exhaustions are required)
- Feltes v. State, 385 N.W.2d 544 (Iowa 1986) (sovereign immunity and ITCA interaction principles)
- State v. Wiederien, 709 N.W.2d 538 (Iowa 2006) (statutory construction framework for ambiguous provisions)
- State v. Lane, 743 N.W.2d 178 (Iowa 2007) (dictionary-based approach to term meaning in statutes)
