Nathan Berry v. Liberty Holdings, Inc. A/K/A Liberty Ready Mix
803 N.W.2d 106
Iowa2011Background
- Berry, an at-will employee of Liberty Holdings, was injured by a Premier Concrete Pumping truck and settled a related personal injury claim within policy limits.
- Berry was terminated by Liberty Holdings about nine months after settlement, and he alleged wrongful discharge in violation of public policy for filing the personal injury suit against a related company.
- Liberty Holdings moved to dismiss for failure to state a claim, arguing no clearly defined public policy protecting the act of filing a personal injury lawsuit against a related party.
- Berry argued that Iowa public policy protects employees who seek redress for personal injuries under Iowa Code chapter 668.
- The district court granted the motion to dismiss; the court of appeals reversed, and Liberty Holdings sought further review, which the supreme court granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Iowa Code chapter 668 articulates a public policy | Berry contends chapter 668 embodies a public policy protecting employees who sue for personal injuries against related parties. | Liberty Holdings argues chapter 668 does not articulate a clearly defined public policy restricting discharge for such activity. | Chapter 668 does not articulate a clearly defined public policy restricting discharge. |
Key Cases Cited
- Fitzgerald v. Salsbury Chem., Inc., 613 N.W.2d 275 (Iowa 2000) (at-will employment exception requires clear public policy)
- Jasper v. H. Nizam, Inc., 764 N.W.2d 751 (Iowa 2009) (public policy defined by clear and well-recognized norms)
- Teachout v. Forest City Cmty. Sch. Dist., 584 N.W.2d 296 (Iowa 1998) (statutory public policy may imply protection from retaliation)
- Lara v. Thomas, 512 N.W.2d 777 (Iowa 1994) (statutory public policy considerations; implied protections)
- Goetzman v. Wichern, 327 N.W.2d 742 (Iowa 1982) (comparative fault framework and public policy considerations)
- Reilly v. Anderson, 727 N.W.2d 102 (Iowa 2006) (comparative fault act described as comprehensive reform)
- Davis v. Horton, 661 N.W.2d 533 (Iowa 2003) (prudential limits on extending public policy beyond well-recognized policies)
- Teachout v. Forest City Cmty. Sch. Dist., 584 N.W.2d 296 (Iowa 1998) (statutory language may articulate public policy)