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Case No. 20-0195

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

Danielle Putman
v.
Shawn J. Walther and Amy M. Walther

The plaintiff seeks further review of the court of appeals decision affirming the district court’s grant of summary judgment to the defendants on plaintiff’s claims of fraudulent misrepresentation and negligent misrepresentation. The plaintiff contends the district court erred in finding plaintiff was required to designate an expert witness for her claim under Iowa’s Real Estate Disclosure Act and in granting summary judgment for failure to designate an expert without an opportunity to be heard in compliance with Iowa Rule of Civil Procedure 1.517(3).

County:
Black Hawk

Applicant

Danielle Putman

Resister

Shawn J. Walther and Amy M. Walther

Attorneys for Applicant

Patrick C. Galles

Attorneys for Resister

Matthew M. Craft

Supreme Court

Oral Argument Schedule

Non-Oral

Oct 21, 2021 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
20-0195
Date Published:
Apr 29, 2022

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0195
Date Published:
Dec 16, 2020
Summary

            Appeal from the Iowa District Court for Black Hawk County, Kelly Ann Lekar, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (9 pages)

            Danielle Putman appeals the district court’s grant of summary judgment to Shawn and Amy Walther on her claims of fraudulent and negligent misrepresentation on the seepage of water into the home she bought from them.  OPINION HOLDS: Because Putman failed to designate an expert witness on the issue of causation and damages, we find the court did not err in granting summary judgment.  We affirm. 

Other Information

Date Retained:
Feb 24, 2021
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