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Case No. 18-1475

For summaries from opinions prior to August, 2018, view PDF versions here

Chadmark, LLC
v.
Kristin Bush

Appellant

Chadmark, LLC

Appellee

Kristin Bush

Attorneys for Appellant

Jeffrey M. Lipman

Attorneys for Appellee

Michael J. Moreland and Nicholas T. Maxwell

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1475
Date Published:
Aug 21, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Potterfield, P.J., Greer, J., and Scott, S.J.  Opinion by Greer, J.  (8 pages)

            The district court awarded loss-of-use damages to Chadmark, LLC resulting from damage to one of its trucks.  The company appeals the court’s calculation of damages and asserts it is also entitled to damages for out-of-pocket expenses to retrieve a replacement truck.  OPINION HOLDS: We agree with the district court’s calculation of loss-of-use damages but find additional damages for out-of-pocket expenses are appropriate.  We remand for entry of judgment reflecting the additional damages award.

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