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Case No. 19-1163

Rockette Trucking and Construction, LTD
Runde Auto Group of Iowa, Inc.


Rockette Trucking and Construction, LTD


Runde Auto Group of Iowa, Inc.

Attorney for the Appellee

Christopher M. Soppe and Cory R. Thein

Attorney for the Appellant

D. Flint Drake and Samuel M. Degree

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Apr 15, 2020

            Appeal from the Iowa District Court for Delaware County, Monica Zrinyi-Wittig, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  Special Concurrence by Greer, J.  (14 pages)

            Rockette Trucking and Construction, Ltd. (Rockette Construction) sought damages for replacing its ruined engine and for loss of use of its truck while awaiting the replacement engine.  Following a bench trial, the district court found Runde Auto Group of Iowa, Inc. (Runde Auto) liable and awarded damages.  Runde Auto appeals, raising issues regarding claimed discovery abuses by Rockette Construction and insufficient evidence of loss-of-use damages.  OPINION HOLDS: The district court did not abuse its discretion in refusing to exclude witnesses or evidence as a result of the claimed discovery abuses.  The evidence of “mobilization charges” is not sufficient evidence of Rockette Construction’s loss-of-use damages.  Therefore, we find insufficient evidence to support the district court’s award of loss-of-use damages.  We affirm the liability of Runde Auto.  Because the evidence of cost-of-repair damages was uncontroverted, we remand for entry of judgment for cost-of-repair damages only.  SPECIAL CONCURRENCE ASSERTS: I concur in this decision with a caveat.  I concur in the decision because even if the non-disclosed expert opinions were excluded from this record, other testimony supported the trial court’s liability finding.  Otherwise I would have concluded an abuse of discretion occurred for failing to limit the expert testimony without good cause established for the untimely disclosure.

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