Legal Opinion

Ganske v. Spahn & Rose Lumber Co.

Supreme Court of Iowa

Decided July 1, 1998No. 96-865PublishedCited by 9 opinions

1Opinion of the Court

LARSON, Justice.

The district court dismissed these plaintiffs’ common-law suit for damages based on an employee’s contraction of mesothelioma. The court dismissed the suit on the ground that our workers’ compensation and occupational disease statutes are the exclusive means of obtaining benefits for that disease. See Iowa Code chs. 85, 85A (1995). We affirm.

I. Facts and Judicial Proceedings.

For many years prior to 1985, Larry J. Ganske worked for employers whose sites, he alleges, exposed him to asbestos. In 1994 Ganske was diagnosed with mesothelioma, an asbestos-related cancer. 1 Ganske and…

2Cases cited9 opinions

  1. McSpadden v. Big Ben Coal Co.Supreme Court of Iowa · 1980
  2. Caterpillar Tractor Co. v. ShookSupreme Court of Iowa · 1981
  3. Harned v. Farmland Foods, Inc.Supreme Court of Iowa · 1983
  4. Weldon v. Celotex Corp.Court of Appeals for the Third Circuit · 1982
  5. Otis v. ParrottSupreme Court of Iowa · 1943

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Rieff v. EvansSupreme Court of Iowa · 2001
  2. Bruce Baker v. bridgestone/firestone and Old Republic InsuranceSupreme Court of Iowa · 2015
  3. Perkins v. HEA of Iowa, Inc.Supreme Court of Iowa · 2002
  4. Hendrix v. Alcoa, Inc.Supreme Court of Arkansas · 2016
  5. Fautheree v. McCaffreyCourt of Civil Appeals of Oklahoma · 2005

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API