Kono v. D.R. Horton - Jury Verdict for Trench Cave-In Injury
Summary
The Iowa Supreme Court affirmed a $2.4 million jury verdict in favor of Timothy Kono against D.R. Horton, Inc. and its Iowa subsidiary, upholding the district court's judgment for actual and punitive damages arising from a trench cave-in at a construction site. The Court rejected defendants' arguments that they owed no duty of care to an employee of an independent subcontractor and that the OSHA/IOSHA jury instructions were improper.
What changed
The Iowa Supreme Court affirmed the district court's judgment on a jury verdict awarding $2.4 million in actual and punitive damages to Timothy Kono, an employee of a plumbing subcontractor who was injured when a trench collapsed at a D.R. Horton construction site. The Court rejected multiple challenges by D.R. Horton: (1) finding that general contractors owe a duty of care to subcontractors' employees under Iowa tort law; (2) upholding the jury instructions referencing OSHA/IOSHA regulations as establishing the standard of care; and (3) sustaining the punitive damages award.
Construction companies operating in Iowa should note that general contractors may face negligence liability to employees of independent subcontractors when OSHA safety violations contribute to injuries. Companies should ensure robust trenching safety protocols, verify subcontractor compliance with OSHA standards, and maintain adequate liability coverage for subcontractor employee claims.
What to do next
- Monitor for any petition for rehearing or certiorari
- Review workplace safety protocols for trenching operations
- Ensure subcontractor insurance and indemnification provisions are adequate
Penalties
$2.4 million (actual and punitive damages)
Archived snapshot
Apr 11, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Case No. 23-2092
Timothy Kono
v.
D.R. Horton, Inc. and D.R. Horton-Iowa, LLC d/b/a Classic Builders
Defendants, a national building contractor and its Iowa subsidiary, appeal a district court judgment entered on a jury verdict awarding actual and punitive damages to plaintiff, an employee of a plumbing subcontractor, in plaintiff’s negligence action to recover for injuries sustained from a trench cave-in at a construction site. Defendants contend the district court erred by: (1) failing to direct a verdict for defendants on grounds they owed no duty of care to their independent subcontractor’s employee; (2) failing to direct a verdict for the corporate parent where there was no evidence it was negligent, and no basis to pierce the corporate veil; (3) instructing the jury that OSHA or IOSHA regulations imposed on defendants a duty of care to plaintiff, and that defendants must prove gross negligence by plaintiff’s co-workers, rather than ordinary negligence, in order to establish the co-workers’ comparative fault; (4) entering judgment on an excessive punitive damage award and awarding prejudgment interest on the award.
County: Polk Trial Court Case No.: CVCV061592
Appellee
Timothy Kono
Appellant
D.R. Horton, Inc. and D.R. Horton-Iowa, LLC d/b/a Classic Builders
Attorneys for the Appellee
Bruce L. Braley
R. Saffin Parrish-Sams
Ryan G. Koopmans
Attorneys for the Appellant
Mark E. Weinhardt
Danielle M. Shelton
Jason R. Smith
Jodie C. McDougal
Brandon R. Underwood
For Intervenor-Appellee State of Iowa ex rel. Civil Reparations Trust Fund
Eric Wessan
Breanne A. Stoltze
Supreme Court
Oral Argument Schedule
20-20-5
Jan 20, 2026 1:30 PM
Briefs
Appellant Amended Brief (789.28 KB)
Appellant Reply Brief (401.32 KB)
Supreme Court Opinion
Opinion Number:
23-2092
Date Published:
Apr 10, 2026
PDF of the Opinion (207.95 KB)
Other Information
Date Retained:
Sep 30, 2025 View archived opinions from prior to November 2017
© 2026 Iowa Judicial Branch. All Rights Reserved.
Named provisions
Related changes
Get daily alerts for Iowa Supreme Court
Daily digest delivered to your inbox.
Free. Unsubscribe anytime.
Source
About this page
Every important government, regulator, and court update from around the world. One place. Real-time. Free. Our mission
Source document text, dates, docket IDs, and authority are extracted directly from IA Courts.
The summary, classification, recommended actions, deadlines, and penalty information are AI-generated from the original text and may contain errors. Always verify against the source document.
Classification
Who this affects
Taxonomy
Browse Categories
Get alerts for this source
We'll email you when Iowa Supreme Court publishes new changes.
Subscribed!
Optional. Filters your digest to exactly the updates that matter to you.