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Iddings v. Mee-Lee6/20/1996
the actor is merely willing to do so.
Id. at 504-505 (emphasis in original). Based on the analysis quoted above, the Thompson court formulated a three-part test to determine when conduct would rise to the level of "wanton neglect," the elements of which are: "(1) knowledge of the peril to be apprehended; (2) knowledge that injury is a probable, as opposed to a possible, result of the danger; and (3) a conscious failure to avoid the peril." Id. at 505.
Many cases since Thompson have interpreted Thompson 's three-part test. See Larson v. Massey-Ferguson, Inc., 328 N.W.2d 343 (Iowa Ct. App. 1982) (evidence that employee's supervisor knew of danger associated with post-hole digger machine's unshielded "power take-off shaft," that he was familiar with the reasons underlying subsequent Occupational Safety and Health Administration regulations requiring guards to shield the shafts, that he knew that his order requiring weight to be placed on post-hole digger arm required worker to work in close proximity to the unshielded shaft, and that injury was probable whenever working near unshielded moving parts sustained finding that supervisor was guilty of wanton neglect and thus could be held liable to injured worker); Taylor v. Peck, 382 N.W.2d 123 (Iowa 1986) (holding that there was insufficient evidence of wanton neglect by co-employee toward claimant to impose liability on co-employee, where there had been no previous accidents on particular punch press, no safety inspections to alert employee of danger or malfunction concerning activation of machine, and no evidence that co-employee knew that safety mechanism was partially dismantled, and co-employee did not instruct claimant to put her hand into die to check loose pin); Justus v. Anderson, 400 N.W.2d 66 (Iowa Ct. App. 1986) (finding that co-employee who redesigned warehouse should have foreseen that his conduct would probably result in injury to warehouse employee, for purpose of determining that co-employee was grossly negligent so as to permit tort recovery, was not sufficiently supported by evidence that co-employee knew that four-high stack of paper products might fall and seriously injure someone, absent evidence that co-employee knew that, in this situation, injury was probable, as opposed to merely possible); Woodruff Const. Co. v. Mains, 406 N.W.2d 787 (Iowa 1987) (evidence that foreman was verbally abusive toward claimant for most of day and, prior to claimant's falling into hole while working on roofing job, foreman ordered claimant to report to him, purportedly causing claimant to walk into the hole, deemed insufficient to establish that foreman knew injury to claimant was probable, as opposed to merely possible result of his order); Eister v. Hahn, 420 N.W.2d 443 (Iowa 1988) (In face of evidence that claimant moved into danger zone of "corn head" apparatus of combine machine without being requested to do so by combine operator, as well as lack of evidence that operator had knowledge that injury was probable, as opposed to merely possible, finding that operator did not engage in wanton neglect was sufficiently supported by evidence; operator's violation of occupational safety regulation, in failing to turn off combine engine prior to having claimant clean "corn head" not sufficient to show wanton neglect); Henrich v. Lorenz, 448 N.W.2d 327 (Iowa 1989) (for purposes of coming within exception to co-employee immunity provision of workers' compensation law, employee failed to prove wanton neglect on part of plant supervisory and management personnel in connection with prevailing working conditions and work practices involved in use of "butt skinner" machine at meat packing plant, where plant had experienced only four skinner-related hand cuts in one
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