Court Grants Summary Judgment for Elverson Vasey Construction Litigation Client
Elverson Vasey recently secured a complete summary judgment dismissal on behalf of a road construction contractor in a Polk County wrongful death and personal injury lawsuit. Elverson Vasey partner, Josh Strief, successfully argued the claims were barred by Iowa’s statute of limitations and failed as a matter of law because the contractor owed no legal duty. The court agreed, dismissing our client from the case before trial and eliminating further defense exposure.
The court’s ruling confirmed that a subcontractor’s liability is limited to its defined contractual scope and control, a critical issue in construction litigation and insurance defense matters. While the accident and resulting loss were tragic, the alleged hazard was outside our client’s work area, and the court held that Iowa law does not impose a duty where a contractor neither created the condition nor controlled the site. This result highlights our firm’s ability to deliver early, decisive outcomes for clients and their insurers complex personal injury, wrongful death, and construction defect claims. We routinely represent contractors, commercial insureds, and insurance companies, across Iowa, focusing on efficient litigation strategies that reduce risk, defense costs, and indemnity exposure.
