Jayne A. Intlekofer, Jeffrey C. Intlekofer, Catherine A. Intlekofer and Stephen J. Intlekofer
v.
Reitberry Rental Prop., LLC, and City of Monticello, IA
Appellant
Jayne A. Intlekofer, Jeffrey C. Intlekofer, Catherine A. Intlekofer and Stephen J. Intlekofer
Appellee
Reitberry Rental Prop., LLC, and City of Monticello, IA
Attorney for the Appellant
Christopher M. Soppe
Attorneys for the Appellee
Bradley J. Kasper and Terry J. Abernathy, for City of Monticello
Dillon J. Besser and William H. Roemerman, for Reitberry Rental Properties, LLC.
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Jones County, Paul D. Miller, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Greer, JJ. Opinion by Tabor, J. (7 pages)
The Intlekofers appeal the district court’s grant of summary judgment to the City of Monticello and an adjacent property owner on claims of negligence allegedly resulting in water damage to the Intlekofers’ building, arguing the district court erroneously concluded an expert witness is required to establish causation because it is common knowledge that “water flows downhill.” OPINION HOLDS: Because whether changes in topography caused the water damage is a technical or scientific matter calling for an expert opinion, we affirm the district court’s grant of summary judgment.
