WILIMEK v. DANKER

No. 02-0271.

671 N.W.2d 25 (2003)

Brian WILIMEK, Appellant, v. William DANKER, John Danker, and David Danker, Individually and d/b/a Danker Farms; Bob Johnson d/b/a Johnstown Welding; Unknown X and Funks-Ciba Geigy, Inc., a New York Corporation f/k/a Funk Seed International, Appellees.

Supreme Court of Iowa.

September 4, 2003.


Attorney(s) appearing for the Case

R. Eugene Knopf of Walker, Knopf & Billingsley, Newton for appellant.

John B. Grier of Cartwright, Druker & Ryden, Marshalltown, and Timothy W. Hamann of Clark, Butler, Walsh & Hamann, Waterloo, for appellees William Danker, John Danker, David Danker and Bob Johnson.

Richard J. Sapp, John B. Tuffnell, and John T. Clendenin of Nyemaster, Goode, Voigts, West, Hansell & O'Brien, P.C., Des Moines, for appellee Funks-Ciba Geigy, Inc.


CARTER, Justice.

Plaintiff, Brian W. Wilimek, was injured while unloading a truck for defendants, William Danker, John Danker, David Danker, and Danker Farms. He brought a tort action against his employers and other defendants seeking to recover for his injuries. He simultaneously pursued a workers' compensation claim against his employers. After the tort action was set for trial, plaintiff requested a continuance and a...

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