Paul Yakel and Therese Yakel
20-1432
| Iowa Ct. App. | Jan 12, 2022Background
- Paul and Therese Yakel hired contractors and arranged for new siding; Lightwine Construction provided labor to remove and install siding.
- Randall Wheeler allegedly directed Lightwine and other subcontractors during the project and was alleged to be acting within the scope of employment with Carson Stone & Supply, LLC.
- After installation the siding warped and pulled away; Yakels sued Lightwine (breach of contract, negligent construction, breach of implied warranty), Wheeler (breach of contract, negligent construction, breach of implied warranty), and Carson Stone (respondeat superior/vicarious liability and negligence).
- Wheeler moved for summary judgment; the district court granted summary judgment in favor of Wheeler on all claims asserted against him.
- The Yakels appealed; the appellate court raised on its own motion whether the dismissal of Wheeler (one defendant) was final and appealable given remaining claims against two other defendants.
- The court held the summary-judgment dismissal of Wheeler was not severable from the claims against Lightwine and Carson Stone and therefore not appealable as of right, and declined to allow an interlocutory appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal of Wheeler is a final, appealable judgment in a multi-defendant case | Yakel: dismissal of Wheeler is final and appealable | Wheeler: appeal not disputed as to finality but other parties argued entwinement | Court: not final—claims are not severable; appeal dismissed |
| Whether respondeat superior / vicarious-liability claims against Carson Stone are affected by dismissal of Wheeler | Yakel: Carson Stone is vicariously liable for Wheeler’s acts; resolution of Wheeler’s liability is separable | Carson Stone: liability may depend on Wheeler’s role and thus intertwined | Court: dismissal of Wheeler would affect determination of Carson Stone’s liability, so claims are connected and not severable |
| Whether contract, negligent-construction, and implied-warranty claims against Lightwine are separable from claims against Wheeler/Carson Stone | Yakel: claims against Lightwine can be resolved independently | Lightwine: issues overlap because Wheeler allegedly procured Lightwine and directed subcontractors; contract scope and performance depend on Wheeler’s role | Court: claims against Lightwine are inextricably entwined with Wheeler/Carson Stone; not severable |
| Whether to grant interlocutory appeal of partial summary judgment | Yakel: sought review now (efficiency/prompt resolution implied) | Appellate court / precedent: interlocutory appeals disfavored; piecemeal appeals undermine efficiency | Court: declined interlocutory appeal—piecemeal appeals disfavored; efficiency and intertwined issues counsel against it |
Key Cases Cited
- McGuire v. City of Cedar Rapids, 189 N.W.2d 592 (Iowa 1971) (severability test for appealing dismissal of one defendant in multi-defendant action)
- Mason City Prod. Credit Ass’n v. Van Duzer, 376 N.W.2d 882 (Iowa 1985) (appeals as of right limited to final orders; interlocutory appeals require permission)
- Buechel v. Five Star Quality Care, Inc., 745 N.W.2d 732 (Iowa 2008) (whether dismissal of a defendant is severable turns on effect on remaining claims)
- Godar v. Edwards, 588 N.W.2d 701 (Iowa 1999) (elements of respondeat superior: employer/employee relationship and scope of employment)
- Jones v. Glenwood Golf Corp., 956 N.W.2d 138 (Iowa 2021) (definition and scope of vicarious liability)
- Lerdall Construction Co. v. City of Ossian, 318 N.W.2d 172 (Iowa 1982) (issues against individual defendants affect claims against other defendants; supports non-appealability)
- Shoemaker v. City of Muscatine, 275 N.W.2d 206 (Iowa 1979) (policy disfavors piecemeal appeals in civil cases)