VAN FOSSEN v. MIDAMERICAN ENERGY CO.

No. 06-1691.

777 N.W.2d 689 (2009)

Roger VAN FOSSEN, Individually, and as Personal Representative of the Estate of Ann Van Fossen, Deceased, Appellant, v. MIDAMERICAN ENERGY COMPANY and Interstate Power and Light Company, Appellees.

Supreme Court of Iowa.

November 13, 2009.


Attorney(s) appearing for the Case

Michael P. Jacobs of Rawlings, Nieland, Probasco, Killinger, Elwanger, Jacobs, Mohrhauser, Nelson & Early, L.L.P., Sioux City, and John Herrick and Benjamin D. Cunningham of Motley Rice, Mt. Pleasant, South Carolina, for appellant.

William R. Hughes, Jr., of Stuart, Tinley, Peters, Thorn, Hughes, Faust & Madsen, Council Bluffs, and Jason Kennedy and Adam Jagadich of Segal, McCambridge, Singer & Mahoney, Chicago, Illinois, for appellee MidAmerican Energy Company.

Leonard T. Strand and Kerry A. Finley of Simmons Perrine PLC, Cedar Rapids, for appellee Interstate Power and Light Company.


HECHT, Justice.

This case presents the question of whether owners of a power plant have tort liability for the wrongful death of the spouse of an employee of an independent contractor. In this suit against the plant owners, the plaintiff claims he was exposed to asbestos dust while performing construction and maintenance work at the plant over a period of several years. The plaintiff alleges he routinely encountered the carcinogen at the plant in the course of his...

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