ESTATE OF DEAN BY DEAN v. AIR EXEC, INC.

No. 94-952.

534 N.W.2d 103 (1995)

ESTATE OF Julia DEAN, Deceased, by Larry Allen DEAN, Administrator, Appellee, v. AIR EXEC, INC., Appellant.

Supreme Court of Iowa.

July 19, 1995.


Attorney(s) appearing for the Case

David A. Tank of Davis, Hockenberg, Wine, Brown, Koehn & Shors, P.C., Des Moines, for appellant.

Steven Lawyer of Lawyer, Lawyer & Associates, Des Moines, and John D. Stonebraker of McDonald, Stonebraker & Cepican, Davenport, for appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, NEUMAN, and TERNUS, JJ.


CARTER, Justice.

The sole issue on this appeal is whether the owner of an aircraft piloted by another is vicariously liable to a coemployee of the pilot who was killed as a result of the pilot's negligence in operating the aircraft. The owner of the plane sought summary judgment on the theory that, absent gross negligence, the coemployee immunity granted the lessee under Iowa Code section 85.20 (1991) should also inure to the benefit of parties that are vicariously...

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