GANSKE v. SPAHN & ROSE LUMBER CO.

No. 96-865.

580 N.W.2d 812 (1998)

Larry J. GANSKE and Lois Ganske, Appellants, v. SPAHN AND ROSE LUMBER CO., An Iowa Corporation; Carnation Company, A Delaware Corporation; Nestle Food Company a/k/a Nestle Beverage Company, A Delaware Corporation; and Deere & Company a/k/a John Deere Company, A Delaware Corporation, Appellees, Bird, Incorporated, A Massachusetts Corporation; Combustion Engineering, Inc., A Delaware Corporation; The Flintkote Company, A Massachusetts Corporation; Garlock, Inc., An Ohio Corporation; Georgia Pacific Corporation, A Georgia Corporation; Owens Corning Fiberglas Corporation, A Delaware Corporation; Owens Illinois, Inc., A Delaware Corporation; Pittsburgh Corning Corporation, A Pennsylvania Corporation; PPG Industries, Inc., A Pennsylvania Corporation; Rapid-american Corporation, A Delaware Corporation; John Doe 1; John Doe 2; John Doe 3; and Various Unknown John Does To Be Named When Identified, Defendants.

Supreme Court of Iowa.

July 1, 1998.


Attorney(s) appearing for the Case

Lex Hawkins, Glenn L. Norris, George F. Davison, Jr., and Carla T. Schemmel of Hawkins & Norris, Des Moines, for appellants.

James Heckmann of James Heckmann Law Offices, P.C., Dubuque, for appellee Spahn & Rose Lumber Co.

Randall Stefani of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Des Moines, for appellee Nestle Food Company.

Richard J. Sapp and Thomas H. Walton of Nyemaster, Goode, McLaughlin, Voigts, West, Hansell & O'Brien, P.C., Des Moines, for appellee Deere & Co.

Considered by McGIVERIN, C.J., and LARSON, LAVORATO, ANDREASEN, and TERNUS, JJ.


LARSON, Justice.

The district court dismissed these plaintiffs' common-law suit for damages based on an employee's contraction of mesothelioma. The court dismissed the suit on the ground that our workers' compensation and occupational disease statutes are the exclusive means of obtaining benefits for that disease. See Iowa Code chs. 85, 85A (1995). We affirm.

I. Facts and Judicial Proceedings.

For many years prior to 1985, Larry...

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