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Case No. 18-1475

Chadmark, LLC
Kristin Bush


Chadmark, LLC


Kristin Bush

Attorney for the Appellant

Jeffrey M. Lipman

Attorney for the Appellee

Michael J. Moreland and Nicholas T. Maxwell

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Aug 21, 2019

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Potterfield, P.J., Greer, J., and Scott, S.J.  Opinion by Greer, J.  (8 pages)

            The district court awarded loss-of-use damages to Chadmark, LLC resulting from damage to one of its trucks.  The company appeals the court’s calculation of damages and asserts it is also entitled to damages for out-of-pocket expenses to retrieve a replacement truck.  OPINION HOLDS: We agree with the district court’s calculation of loss-of-use damages but find additional damages for out-of-pocket expenses are appropriate.  We remand for entry of judgment reflecting the additional damages award.

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