Court of Appeals Reverses Grant on Summary Judgment on Exclusive Remedy Issue Involving Employment Broker and Customer
Thompson v. ATI Products, Inc., No. 14-1765 (Iowa App. Aug. 19, 2015), involved a situation where plaintiff was hired by an employment broker, Aventure Staffing and Professional Services, who placed him at ATI, where he was seriously injured on the first day of work. Plaintiff filed a workers' compensation claim against Aventure and was provided with benefits. He also filed suit against ATI for negligence. ATI moved for summary judgment, claiming it was a "special employer" as a matter of law and arguing that the exclusive remedy provisions of the Iowa Code, section 85.20, barred the negligence action. The district court found that no issue of material fact existed and granted summary judgment, finding that an implied contract of employment had been created that that Thompson's action was barred. Plaintiff appealed, arguing that in a "borrowed servant" situation such as this, the primary focus was whether the parties intended that an employment situati...