Trial Magazine
Verdicts & Settlements: Workplace Safety
Failure to Provide Safety Equipment Training
September 2018Bronson Ganka, 40, was a maintenance worker for Apartments Downtown, Inc., a private company that builds and owns apartments in Iowa City. While drilling holes into a building, he fell off a ladder and hit the ground 12 feet below.
Ganka suffered head injuries and died several days later. He is survived by his wife, a minor child, and two adult children.
Ganka’s wife sued the son of the company’s owners—who was also Ganka’s co-employee and supervisor and could therefore be named under state law—alleging gross negligence for the failure to provide safety equipment, such as hard hats, and safety training. Suit did not claim lost income.
The defense argued that Ganka should have used an on-site scissor lift instead of climbing the ladder.
The jury awarded $7 million, finding Ganka 20 percent at fault.
Citation: Ganka v. Clark, No. LACV077993 (Iowa Dist. Ct. Johnson Cnty. Feb. 6, 2018).
Plaintiff counsel: AAJ member Pressley Henningsen and Brian Ivers, both of Cedar Rapids, Iowa.