Sabrina McIntosh and Michael McIntosh
v.
Classic Builders, Inc.
Appellant
Sabrina McIntosh and Michael McIntosh
Appellee
Classic Builders, Inc.
Attorney for the Appellant
Matthew M. Sahag
Attorney for the Appellee
Andrew C. Johnson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ. Opinion by Ahlers, J. (5 pages)
Plaintiffs Sabrina and Michael McIntosh appeal the order granting summary judgment to and dismissing their claims against Classic Builders, Inc. for damages stemming from water seepage into their basement. OPINION HOLDS: Based on the failure of the McIntoshes to generate a genuine issue of material fact that any of the three conditions identified by their expert as possible causes of the seepage actually existed, the district court properly granted Classic Builders’s summary judgment motion and denied the McIntoshes’ own.