Court Upholds Rejection of Landowner Duty in Secondhand Exposure Case

DES MOINES, Iowa -- An Iowa appellate court has affirmed an award of summary judgment to two premises defendants, upholding a finding of no duty to the wife of an employee who worked for independent contractors on a site operated by the defendants. Van Fossen, et al. v. MidAmerican Energy Co., et al., No. 7-747/06-1691 (Iowa Ct. App.).

In the Jan. 16 opinion, the Iowa Court of Appeals also agreed with the lower court's assessment that the premises defendants were not in a position to warn the plaintiff's deceased wife about the dangers posed by take-home asbestos exposure.

The plaintiffs …