J.A. Smith Machinery Company, Ltd.
v.
K.E. Builders, LLC; Darin Keller; and Taloyre Keller
Appellee
J.A. Smith Machinery Company, Ltd.
Appellant
K.E. Builders, LLC; Darin Keller; and Taloyre Keller
Attorney for the Appellee
Kirke C. Quinn and F.D. Chip Baltimore II
Attorney for the Appellant
Philip S. Bubb and Brandon R. Underwood
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Boone County, Christopher C. Polking, Judge. AFFIRMED IN PART AND REVERSED IN PART. Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Schumacher, J. Partial dissent by Greer, J. (16 pages)
K.E. Builders, L.L.C.; Darin Keller; and Taloyre Keller appeal the district court’s decision awarding damages to J.A. Smith Machinery Co., Ltd. on its claim of conversion of a skid loader. OPINION HOLDS: We affirm the district court on the grant of summary judgment on liability and the award of compensatory damages. We reverse the court’s decision on the issue of punitive damages. PARTIAL DISSENT ASSERTS: I concur with the majority opinion with one exception—I would affirm the district court’s award of punitive damages to J.A. Smith Machinery Company, Ltd. I believe that Smith Machinery showed by a preponderance of the evidence that Darin and Taloyre Kellers’ conduct amounted to a willful and wanton disregard for Smith Machinery’s right to the skid loader.