Iowa Asbestos Case Law

Asbestos decisions from Iowa's courts and the federal courts there: 18 cases in our library so far. For what the law requires today, see Iowa asbestos laws; for where exposure happened, see Iowa asbestos exposure sites.

State supreme court

Iowa Supreme Court

• Beverage v. Alcoa, Inc. (2022). The Iowa Supreme Court vacated the court of appeals decision and reversed summary judgment for Alcoa and Iowa-Illinois Taylor Insulation, remanding for further proceedings, so the Beverage plaintiffs prevailed over both defendants.
• Kinseth v. Weil-McLain (2018). The Iowa Supreme Court ordered a new trial for Weil-McLain because the estate's lawyer prejudiced the jury in closing arguments, while upholding most of the trial court's rulings on the verdict form, evidence and punitive damages for use on retrial.
• Van Fossen v. MidAmerican Energy Co. (2009). The Iowa Supreme Court affirmed summary judgment for MidAmerican Energy and Interstate Power and Light, holding the plant owners owed no duty to warn the spouse of an independent contractor's employee, so Van Fossen lost.
• Ganske v. Spahn & Rose Lumber Co. (1998). The Iowa Supreme Court affirmed the dismissal of Larry and Lois Ganske's common-law suit against his former employers (Spahn and Rose Lumber, Carnation/Nestle, Deere), holding workers' compensation was the exclusive remedy, and found the constitutional challenge waived.
• Huber v. Watson (1997). The Iowa Supreme Court reversed the judgment notwithstanding the verdict that the trial court had granted to the attorney defendants (Watson, Gajdel, Blue and Baron & Budd), and remanded for the trial court to rule on their new-trial motion.
• Tallman v. WR Grace & Co.-Conn. (1997). The Iowa Supreme Court affirmed summary judgment for W.R. Grace & Co. under the fifteen-year statute of repose and also affirmed denial of the other manufacturers' summary judgment motions, so both the plaintiff's appeal and the cross-appeal failed.
• Spaur v. Owens-Corning Fiberglas Corp. (1994). The Iowa Supreme Court affirmed the judgment for Marilyn Spaur and her husband's estate against Owens-Corning Fiberglas, including compensatory, loss of consortium and punitive damages.
• Beeman v. Manville Corp. Asbestos Fund (1993). The Iowa Supreme Court affirmed the judgment for Joseph Beeman after the jury verdict, upholding the evidence rulings, Keene's liability, and the trial court's setting aside of the punitive damages and the lost-life-opportunity award, so Manville Fund and Keene lost and Beeman's cross-appeal also failed.
• Meyer v. Iowa State Penitentiary (1991). The Iowa Supreme Court affirmed denial of occupational disease death benefits to Margaret Meyer, finding the claim never arose under section 85A.12, and reversed the district court's remand order; the State penitentiary prevailed.
• Wilber v. Owens-Corning Fiberglass Corp. (1991). The Iowa Supreme Court reversed the summary judgment for the defendants (Owens-Corning and others) and remanded, holding the widow's mesothelioma suit was not time barred by the earlier asbestosis diagnosis.

State appeals courts

Iowa Court of Appeals

• Beverage v. Alcoa, Inc. (2024). The Iowa Court of Appeals reversed summary judgment for Alcoa on the Beverage family's premises-liability claim and remanded for the district court to apply the unmodified land possessor-entrant duty of care; Alcoa lost and the family won.
• Fankhauser v. Honeywell International, Inc. (2022). The Iowa Court of Appeals reversed the district court's summary judgment for Honeywell and Abex and remanded, so the Fankhausers' claims over Paul's mesothelioma can go forward.
• Fankhauser v. Honeywell International, Inc. (2022). The Iowa Court of Appeals reversed the district court's summary judgment for Honeywell and Pneumo Abex, ruling for the Fankhausers, because the district court misread Iowa Code section 686B.7(5).
• Beverage v. Alcoa, Inc. (2021). The Iowa Court of Appeals affirmed summary judgment for Alcoa and Iowa-Illinois Taylor Insulation, holding the Beverage estate and children's asbestos claims were barred by Iowa Code section 686B.7(5), and declined to reach an unpreserved due process claim.
• Kinseth v. WEIL-McLAIN Company (2017). The Iowa Court of Appeals reversed the jury verdict against Weil-McLain and remanded for a new trial because plaintiffs' counsel repeatedly violated limine rulings in closing argument, ordered McDonnell & Miller valves added to the verdict form, and affirmed on plaintiffs' cross-appeal.
• Fossen v. Midamerican Energy Company (2008). The Iowa Court of Appeals affirmed summary judgment for MidAmerican Energy and Interstate Power and Light, holding they owed no duty of care to Ann Van Fossen, so Roger Van Fossen lost.

Federal district courts

U.S. District Court, Northern District of Iowa

• Harder v. ACandS, Inc. (1998). The federal district court denied General Electric's motion for summary judgment, holding that Iowa's fifteen-year statute of repose did not bar the Harders' claims against GE over asbestos insulation blankets.
• Perrin v. Owens-Corning Fiberglas Corp. (1994). The district court granted summary judgment to defendants Owens Illinois, Owens Corning and Fibreboard and third-party defendant Flintkote, and denied the Perrins' request to shift the burden of proof on causation.