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Case No. 21-0727

Tracy Even and All Purpose Storage, LLC
Title Services Corporation


Tracy Even and All Purpose Storage, LLC


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:
Jun 29, 2022

            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.

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