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Iowa court tosses $20.5M verdict against homebuilder in trench collapse - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Iowa court tosses $20.5M verdict against homebuilder in trench collapse by Louise Esola Workers Comp Coverage , Workplace Safety Apr 13, 2026 The Iowa Supreme Court on Friday overturned a $20.5 million jury verdict against homebuilder D.R. Horton, ruling the company did not owe a duty of care to a subcontractor’s employee injured in a trench collapse. In Kono v. D.R. Horton, Inc., the court held that the general contractor was entitled to judgment as a matter of law, reversing a lower court decision that allowed the case to go to a jury. The case stemmed from a 2019 incident in which a plumbing subcontractor’s employee was buried when a trench wall collapsed at a residential construction site. The worker survived but suffered serious physical and emotional injuries. A jury later awarded more than $20.5 million in compensatory and punitive damages. The state’s highest court, however, said the claim failed at the threshold legal question of duty. “A general contractor ordinarily does not owe a duty of care to the employee of a subcontractor,” the court said, emphasizing that responsibility for workplace safety typically rests with the subcontractor controlling the work. The court found that neither of the recognized exceptions to that rule applied. First, the “retained control” exception did not apply because D.R. Horton did not control the day-to-day work that led to the injury. Although contracts gave the company general authority to oversee the project, the court said such broad rights are insufficient to establish liability without control over the “operative details” of the work — in this case, trench excavation and safety practices. Second, the court rejected the argument that trenching work created a “peculiar risk” imposing a nondelegable duty on the general contractor. While acknowledging the dangers of trench work, the court said such risks arise from failure to follow proper safety precautions — not from the nature of the work itself when performed correctly. Because no duty existed, the court said the negligence claim should never have gone to the jury, wiping out the substantial damages award. 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