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).
Applicant
Danielle Putman
Resister
Shawn J. Walther and Amy M. Walther
Attorney for the Applicant
Patrick C. Galles
Attorney for the Resister
Matthew M. Craft
Supreme Court
Oral Argument Schedule
Non-Oral
Oct 21, 2021 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.