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HERNANDEZ v. MIDWEST GAS CO.

No. 92-1889.

523 N.W.2d 300 (1994)

Fidel HERNANDEZ; Kimberly Hernandez; and Nicole Hernandez, A Minor Child by her Father and Next Friend, Fidel Hernandez, Appellants, v. MIDWEST GAS COMPANY, Appellee.

Court of Appeals of Iowa.

August 25, 1994.

Attorney(s) appearing for the Case

Gary G. Mattson of LaMarca & Landry, P.C., West Des Moines, for appellants.

Joseph G. Van Winkle of Gamble & Davis, P.C., Des Moines, for appellee.

Considered by HAYDEN, P.J., and HABHAB and CADY, JJ.

CADY, Judge.

While cutting and capping a gas pipeline, Fidel Hernandez (Fidel) became asphyxiated and suffered brain damage. At the time of his injuries, Fidel was employed by Iowa Pipeline Associates (Iowa Pipeline), an independent contractor of Midwest Gas. Fidel, his wife, and minor child brought suit against Midwest Gas and three coemployees to recover damages for his injuries. The district court granted summary judgment to Midwest Gas and the coemployees. Fidel...

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