negligent supervision claim (Iowa) · Go Syfert
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negligent supervision claim in Iowa

10 Iowa opinions name it 1 courts 2002–2024 3 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Cubit v. Mahaska Countygreen
iowa · 2004 · cited in 3 Iowa opinions naming this issue, 2005–2024
2 sentences

2024The footnote said: “Because we find the ‘arising out of’ alternative of [the emergency response exception] dispositive, we do not consider whether the negligent supervision claim is ‘based upon . . . an act or omission in connection with an emergency response.’ ” Id. at 782 n.1 (omission in original) (quoting Iowa Code § 670.4 (11) (1999)). 12 In short, we agree with Aidan that Cubit is not particularly relevant to our analysis here.

2024The footnote said: “Because we find the ‘arising out of’ alternative of [the emergency response exception] dispositive, we do not consider whether the negligent supervision claim is ‘based upon . . . an act or omission in connection with an emergency response.’ ” Id. at 782 n.1 (omission in original) (quoting Iowa Code § 670.4 (11) (1999)). 12 In short, we agree with Aidan that Cubit is not particularly relevant to our analysis here.

13
Estate of Harris v. Papa John's Pizzagreen
iowa · 2004 · cited in 3 Iowa opinions naming this issue, 2018–2023
2 sentences

2023In Harris, we saw “no reason to carve out an exception to the general rule of preemption” for a negligent supervision claim premised on failing to protect an employee when his supervisor gave him a “chest shot”2 after the employee informed a coemployee that the supervisor was sleeping with a subordinate, which was against company policy. 679 N.W.2d at 681–82.

2018Estate of Harris v. Papa John's Pizza , 679 N.W.2d 673 , 680 (Iowa 2004) (quoting Stricker v. Cessford Constr.

13
Graves v. Iowa Lakes Community Collegegreen
iowa · 2002 · cited in 2 Iowa opinions naming this issue, 2004–2023
2 sentences

2023In Graves v. Iowa Lakes Community College, we declined to follow cases from other jurisdictions that had recognized such claims where the coworker caused a physical injury, unlike the issue in Graves, which involved a 10 claim of negligent supervision premised on fabricated performance reviews by the plaintiff’s supervisor that allegedly resulted in the wrongful termination of the plaintiff. 639 N.W.2d 22, 25 (Iowa 2002) (“Because Graves does not assert any physical injury it is unnecessary for us to decide whether a negligent supervision claim is available to a fellow employee.”), overruled b

2004In Graves, we affirmed the dismissal of a negligent supervision claim because the plaintiff failed to assert any physical injuries. 639 N.W.2d at 25 .

12
Schoff v. Combined Insurance Co. of Americagreen
iowa · 1999 · cited in 1 Iowa opinions naming this issue, 2005–2005
1 sentence

2005Co. of Am., 604 N.W.2d 43, 53 (Iowa 1999) (citation omit *113 ted); accord Cubit v. Mahaska County, 677 N.W.2d 777, 784-85 (Iowa 2004).

11
Susie Myers Perkins, Administratrix of the Estate of John David Perkins, Jr., Deceased v. United Statesgreen
ca4 · 1995 · cited in 1 Iowa opinions naming this issue, 2004–2004
2 sentences

2004Therefore, the negligent supervision claim is one “arising out of an act or omission in connection with an emergency response,” within the scope of Iowa Code section 670.4(H). 2 See Perkins v. United States, 55 F.3d 910, 916 (4th Cir.1995) (stating with respect to exception to Federal Tort Claims Act: “An allegation of ‘negligent supervision’ will not render an otherwise unactionable claim actionable so long as the negligent supervision claim depends on activity of the supervised agent which is itself immune.”); Dist. of Columbia v. Walker, 689 A.2d 40, 50 (D.C.Ct.App.1997) (interpreting statu

2004Therefore, the negligent supervision claim is one “arising out of an act or omission in connection with an emergency response,” within the scope of Iowa Code section 670.4(H). 2 See Perkins v. United States, 55 F.3d 910, 916 (4th Cir.1995) (stating with respect to exception to Federal Tort Claims Act: “An allegation of ‘negligent supervision’ will not render an otherwise unactionable claim actionable so long as the negligent supervision claim depends on activity of the supervised agent which is itself immune.”); Dist. of Columbia v. Walker, 689 A.2d 40, 50 (D.C.Ct.App.1997) (interpreting statu

11
District of Columbia v. Walkergreen
dc · 1997 · cited in 1 Iowa opinions naming this issue, 2004–2004
2 sentences

2004Therefore, the negligent supervision claim is one “arising out of an act or omission in connection with an emergency response,” within the scope of Iowa Code section 670.4(H). 2 See Perkins v. United States, 55 F.3d 910, 916 (4th Cir.1995) (stating with respect to exception to Federal Tort Claims Act: “An allegation of ‘negligent supervision’ will not render an otherwise unactionable claim actionable so long as the negligent supervision claim depends on activity of the supervised agent which is itself immune.”); Dist. of Columbia v. Walker, 689 A.2d 40, 50 (D.C.Ct.App.1997) (interpreting statu

2004Therefore, the negligent supervision claim is one “arising out of an act or omission in connection with an emergency response,” within the scope of Iowa Code section 670.4(H). 2 See Perkins v. United States, 55 F.3d 910, 916 (4th Cir.1995) (stating with respect to exception to Federal Tort Claims Act: “An allegation of ‘negligent supervision’ will not render an otherwise unactionable claim actionable so long as the negligent supervision claim depends on activity of the supervised agent which is itself immune.”); Dist. of Columbia v. Walker, 689 A.2d 40, 50 (D.C.Ct.App.1997) (interpreting statu

11
Nylund v. Carson Citygreen
nev · 2001 · cited in 1 Iowa opinions naming this issue, 2004–2004
2 sentences

2004Therefore, the negligent supervision claim is one “arising out of an act or omission in connection with an emergency response,” within the scope of Iowa Code section 670.4(H). 2 See Perkins v. United States, 55 F.3d 910, 916 (4th Cir.1995) (stating with respect to exception to Federal Tort Claims Act: “An allegation of ‘negligent supervision’ will not render an otherwise unactionable claim actionable so long as the negligent supervision claim depends on activity of the supervised agent which is itself immune.”); Dist. of Columbia v. Walker, 689 A.2d 40, 50 (D.C.Ct.App.1997) (interpreting statu

2004Therefore, the negligent supervision claim is one “arising out of an act or omission in connection with an emergency response,” within the scope of Iowa Code section 670.4(H). 2 See Perkins v. United States, 55 F.3d 910, 916 (4th Cir.1995) (stating with respect to exception to Federal Tort Claims Act: “An allegation of ‘negligent supervision’ will not render an otherwise unactionable claim actionable so long as the negligent supervision claim depends on activity of the supervised agent which is itself immune.”); Dist. of Columbia v. Walker, 689 A.2d 40, 50 (D.C.Ct.App.1997) (interpreting statu

11
Godar v. Edwardsgreen
iowa · 1999 · cited in 1 Iowa opinions naming this issue, 2002–2002
1 sentence

2002Godar v. Edwards, 588 N.W.2d 701, 708 (Iowa 1999); see Mork Clinic v. Fireman’s Fund Ins.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Kiesau v. Bantz green
iowa · 2004
2 sentences

2023In Graves v. Iowa Lakes Community College, we declined to follow cases from other jurisdictions that had recognized such claims where the coworker caused a physical injury, unlike the issue in Graves, which involved a 10 claim of negligent supervision premised on fabricated performance reviews by the plaintiff’s supervisor that allegedly resulted in the wrongful termination of the plaintiff. 639 N.W.2d 22, 25 (Iowa 2002) (“Because Graves does not assert any physical injury it is unnecessary for us to decide whether a negligent supervision claim is available to a fellow employee.”), overruled b

2023While we later clarified in Kiesau v. Bantz that there is no physical-injury predicate for negligent supervision claims generally, see 686 N.W.2d at 172–73 (concluding that a physical-injury requirement was contrary to Restatement (Second) section 213, upon which the tort was premised and led to absurd distinctions); that case involved a claim by a former employee premised on events that postdated her employment, see id. (addressing negligent supervision claim premised on defamation and invasion of privacy allegations against a former coemployee who distributed digitally-altered photos of the

12023–2023
Stricker v. Cessford Construction Co. green
iand · 2001
1 sentence

2023Co., 179 F. Supp. 2d 987 , 1017–19 (N.D.

12023–2023
Sibley v. Kaiser Foundation Health Plan green
texapp · 1999
1 sentence

2004Because the plaintiff in Gmves did not suffer a physical injury, we did not “decide whether a negligent supervision claim is available to a fellow employee.” Id.

12004–2004

Statutes the citing opinions construe

IA § Iowa Code § 670.4 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 43 (1978–2026) WA 21 (1990–2025) IL 18 (1996–2024) WI 15 (1996–2025) OH 14 (1999–2024) MO 14 (2000–2025) CA 10 (1996–2025) IA 10 (2002–2024) AL 9 (1984–2011) TX 8 (2002–2024) GA 8 (1999–2020) ME 8 (2002–2019) KY 8 (2011–2026) MA 8 (1997–2021) FL 7 (1988–2023) LA 6 (2007–2022) WV 6 (2016–2025) OR 6 (1999–2022) PA 6 (2000–2016) VT 6 (2005–2025) MN 5 (1982–2016) NJ 4 (1994–2019) UT 4 (1994–2025) ID 4 (2000–2006) CO 4 (1995–2022) NM 4 (1997–2023) SC 4 (2005–2023) IN 4 (1997–2014) AZ 4 (2003–2018) CT 4 (1999–2015) DC 3 (2003–2015) NC 3 (2015–2020) WY 3 (2012–2025) MI 2 (1986–2001) AR 2 (2003–2006) DE 2 (2018–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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