Tracy Even and All Purpose Storage, LLC
v.
Title Services Corporation
Appellant
Tracy Even and All Purpose Storage, LLC
Appellee
Title Services Corporation
Attorneys for the Appellant
David L. Brown
Joshua M. Moon and David J. Dutton
Attorney for the Appellee
Kevin J. Driscoll and Andrew T. Patton
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Linda Fangman, Judge. AFFIRMED. Heard by May, P.J., and Schumacher and Badding, JJ. Opinion by May, P.J. (10 pages)
Tracy Even and All Purpose Storage, LLC (APS) appeal a summary judgment ruling in favor of Title Services Corporation (TSC) of their negligent misrepresentation claim relating to TSC’s failure to identify an easement to land purchased by Even. OPINION HOLDS: TSC owed no duty of care to APS. Because Even transferred ownership of the land to APS, Even could not claim lost future profits related to a storage business run by APS on the land. And Even’s claim for lost opportunity could not go forward because he provided no evidence as to how he would have renegotiated the purchase price of the land had the easement been disclosed.