Court of Appeals Concludes That Plaintiff’s Negligence Claim was Barred by Exculpatory Clause in Agreement

In Taylor v. Gazette Communications, No. 19-1611 (Iowa App. June 17, 2020), plaintiff was placed by a Labor broker (Aerotek) into employment with Gazette.  Plaintiff was injured at employment and filed a workers compensation claim against the employer.  Plaintiff also filed a negligence claim against the employer.  The district court granted summary judgment to defendant based on an exculpatory provision in the labor broker agreement providing that no negligence claim could be undertaken and that an injured worker would be limited to workers compensation remedies.  The 85.20 summary judgment claim was not reached because there were factual issues precluding summary judgment.  The Court of Appeals affirms the decision finding that the exculpatory clause was preclusive of a negligence actions.  The court concludes that Aerotek had not made specific promises of a safe working environment.  The court also found that the 85.20 issue need not be reached.

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