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Case No. 20-0808

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

Sabrina McIntosh and Michael McIntosh
v.
Classic Builders, Inc.

Appellant

Sabrina McIntosh and Michael McIntosh

Appellee

Classic Builders, Inc.

Attorney for the Appellant

Matthew M. Sahag

Attorney for the Appellee

Andrew C. Johnson

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0808
Date Published:
Jun 30, 2021
Summary

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            Plaintiffs Sabrina and Michael McIntosh appeal the order granting summary judgment to and dismissing their claims against Classic Builders, Inc. for damages stemming from water seepage into their basement.  OPINION HOLDS: Based on the failure of the McIntoshes to generate a genuine issue of material fact that any of the three conditions identified by their expert as possible causes of the seepage actually existed, the district court properly granted Classic Builders’s summary judgment motion and denied the McIntoshes’ own.

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