Donald L. Thomas and Courtney R. Thomas
v.
Terence A. Kempf Jr.
Appellee
Donald L. Thomas and Courtney R. Thomas
Appellant
Terence A. Kempf Jr.
Attorney for the Appellee
Tyler J. Grevengoed
Attorney for the Appellant
Thomas J. Anderson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge. AFFIRMED. Considered by Greer, P.J., Buller, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (9 pages)
Donald and Courtney Thomas (the Thomases) bought a home from Terence Kempf Jr. and, after experiencing a number of issues with the home, the Thomases brought suit against Kempf. A jury found Kempf liable and awarded the Thomases $41,695 in damages. On appeal, Kempf argues the Thomases did not provide sufficient proof of the damages to support the amount of the jury’s award and the Thomases’ duty to mitigate. OPINION HOLDS: Because the jury’s award of damages was reasonable and within the range of evidence, the district court neither erred nor abused its discretion in denying Kempf’s motions attacking the award. And we do not reach the merits of Kempf’s argument about the Thomases’ duty to mitigate, as it is not preserved for our review.
