Seraji v. Perket

8 Citing cases

  1. Iowa, Chicago & Eastern Railroad v. Pay Load, Inc.

    348 F. Supp. 2d 1045 (N.D. Iowa 2004)   Cited 1 times

    (d) the principal or the managerial agent of the principal ratified or approved the act.Id. at 861 (quoting RESTATEMENT (SECOND) OF TORTS ยง 909 (1979)); accord Seraji v. Perket, 452 N.W.2d 399, 400 (Iowa 1990). These four alternatives set out the type of conduct by an employer that constitutes legal malice.

  2. Pulla v. Amoco Oil Co.

    882 F. Supp. 836 (S.D. Iowa 1994)   Cited 9 times
    Discussing the Iowa punitive damages standard in detail

    Actual malice is shown by such things as personal spite, hatred, or ill will. Mills v. Guthrie County Rural Elec. Coop. Ass'n, 454 N.W.2d 846, 849 (Iowa 1990); Seraji v. Perket, 452 N.W.2d 399, 401 (Iowa 1990); Parks v. City of Marshalltown, 440 N.W.2d 377, 379 (Iowa 1989); Larson, 482 N.W.2d at 174. A showing of wrongful conduct committed or continued with a willful or reckless disregard for another's rights is sufficient to show legal malice.

  3. STRUB v. STILLMUNKES SALV TRUCKING

    No. 3-282 / 02-0753 (Iowa Ct. App. Jun. 25, 2003)

    49 C.F.R. ยง 391.23 (2000). Our supreme court addressed the issue of punitive damages with similar underlying facts in Seraji v. Perket, 452 N.W.2d 399 (Iowa 1990). In Seraji, the employer hired a truck driver whose record was "not good" according to the court, including a revoked license on at least one occasion, four speeding violations, and driving without a license.

  4. GUARDIAN ANGEL CREDIT UNION v. METABANK META FIN. GR

    Case No. 08-cv-261-PB, Opinion No. 2011 DNH 112 (D.N.H. Jul. 14, 2011)

    This "complicity rule" still requires that the employer act with legal malice, and thus requires at least reckless conduct, not mere negligence. See Seraji v. Perket, 452 N.W.2d 399, 401 (Iowa 1990) ("It is the reckless conduct of the employer that the [complicity] rule seeks to punish and deter."). An employer acts recklessly "if it intentionally does or fails to do something it has a duty to do or not to do."

  5. O'Brien v. Delaware Olds, Inc.

    833 F. Supp. 447 (D. Del. 1993)   Cited 2 times

    Such action, as a matter of law, is not indicative of an "I don't care" attitude. Cf. Seraji v. Perket and Lenertz, Inc., 452 N.W.2d 399 (Iowa 1990) (holding jury's conclusion that employer was reckless in hiring driver was unsupported by substantial evidence where: (1) the driver's employment application indicated he had left a prior position because of his driving record; (2) the company knew his license had been revoked on one occasion, that he had been convicted of speeding on four occasions, and that he had been convicted of driving without a license; and (3) the driver received letters of reprimand from the employer regarding three "minor `avoidable' accidents").IV. CONCLUSION

  6. Hoffert v. Luze

    578 N.W.2d 681 (Iowa 1998)   Cited 13 times
    Stating that the "legal standard of care" under Iowa Code ยง 321.231 is "recklessness"

    Plaintiff notes that "reckless disregard" has long been associated with punitive damages. See, e.g., Seraji v. Perket, 452 N.W.2d 399, 401 (Iowa 1990); Tratchel v. Essex Group, Inc., 452 N.W.2d 171, 176 (Iowa 1990). Plaintiff follows this argument with the assertion that, punitive damages for recklessness aside, he need only prove negligence to recover.

  7. Williams v. Barnhill

    791 N.W.2d 429 (Iowa Ct. App. 2010)   Cited 1 times

    "An employer . . . acts recklessly if it realizes that there is a strong probability that certain consequences will result from an act or that a reasonable person in its position would know of that probability." Seraji v. Perket, 452 N.W.2d 399, 402 (Iowa 1990). Punitive damages can properly be awarded against a master or other principal because of an act by an agent if, but only if:

  8. ROSENBERGER ENTERPRISES, INC. v. ISCI

    541 N.W.2d 904 (Iowa Ct. App. 1995)   Cited 16 times
    Holding counsel may not interject personal beliefs into argument

    In short, the test is one for actual or legal malice. Seraji v. Perket, 452 N.W.2d 399, 401 (Iowa 1990). We agree with the district court's finding that Rosenberger's evidence was not sufficient to generate a jury question on these issues.