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Thayer v. State11/14/2002
Plaintiff appeals from the district court's grant of a motion for summary judgment in favor of the State. AFFIRMED.
While driving to work in a van owned and operated by her employer, Rita Thayer was paralyzed when the driver of the van lost control causing the van to roll several times. Thayer received workers' compensation benefits for her injuries. She sued her employer, the University of Iowa, for negligence. The district court granted the University's motion for summary judgment. Because we find workers' compensation is Thayer's exclusive remedy, we affirm.
I. Background and Facts
Rita Thayer was paralyzed when the van she was riding in got into an accident. Thayer was riding in a University of Iowa vanpool from her hometown of Cedar Rapids to her job at the University of Iowa in Iowa City. The University supplied vans to certain employees as part of the University of Iowa Employee Vanpool Program. Each participant in the program had to sign an agreement and pay a monthly fee by payroll deduction. The University subsidized a portion of the costs of the program.
Thayer was not a regular vanpool participant and it is not clear whether she had ridden in the vanpool before. Thayer was riding in the vanpool as a substitute passenger on the day of the accident. She had not signed the agreement with the University for the transportation services. The record is not clear whether she paid a fee for that day.
Thayer sued the University and the driver of the van for negligence. The court granted the University's and the driver's motion for summary judgment. Thayer appealed only the court's dismissal of her claim against the University.
II. Scope of Review
We review the district court's grant of the University's motion for summary judgment for correction of errors at law. McNally & Nimergood v. Neumann-Kiewit Contsructors, Inc., 648 N.W.2d 564, 570 (Iowa 2002). We consider the evidence presented in the light most favorable to the non-moving party. Id. A district court properly grants summary judgment when there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. Iowa R. Civ. P. 1.981(3) (2001).
III. The Merits
Thayer argues the district court erred in granting the University's motion for summary judgment. In particular, she asserts workers' compensation is not her exclusive remedy. The University contends Thayer failed to timely appeal the court's ruling on her negligence claim.
A. Failure to Timely File Notice of Appeal
The University argues Thayer did not perfect her appeal because she failed to file notice of appeal in a timely manner with the district court clerk. Iowa Rule of Appellate Procedure 6.5 (2001) provides, "appeals to the supreme court must be taken within, and not after, thirty days from the entry of the order, judgment, or decree . . . ." Therefore, a party must file its notice of appeal within thirty days from the entry of an adverse judgment.
Filing is timely if all necessary documents are filed with the court either
before service or within a reasonable time thereafter . . . . Whenever these rules or the rules of appellate procedure require a filing with the district court or its clerk within a certain time, the time requirement shall be tolled when service is made, provided the actual filing is done within a reasonable time thereafter. Iowa R. Civ. P. 1.442(4) (2001) (emphasis added).
The time for filing an appeal is tolled upon service if the party files within a reasonable time after service.
On October 3, 2001, the court granted the
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