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Case No. 21-0727

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

Tracy Even and All Purpose Storage, LLC
v.
Title Services Corporation

Appellants

Tracy Even and All Purpose Storage, LLC

Appellee

Title Services Corporation

Attorneys for Appellants

David L. Brown
Joshua M. Moon and David J. Dutton

Attorneys for Appellee

Kevin J. Driscoll and Andrew T. Patton

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0727
Date Published:
Jun 29, 2022
Summary

            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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