Mark Thomas And Emma Bradbury Win Partial Motion for Summary Judgment

Posted on: May 9th, 2024

Mark Thomas and Emma Bradbury won a favorable ruling for their abstractor client with a Partial Motion for Summary Judgment concerning a negligence claim. They contended that a negligence claim under this set of facts is barred under the economic loss rule, as the resulting damages alleged consisted of the financial effect of liens on the property and that Plaintiff’s claim lied in contract law. “As a general proposition, the economic loss rule bars recovery in negligence when the plaintiff has suffered only economic loss.” Annett Holdings, Inc. v. Kum & Go, L.C., 801 N.W.2d 499, 503 (Iowa 2011). Plaintiff argued that there should be an exception to the economic loss rule for claims against abstractors as professionals. The Judge ruled that the economic loss rule barred Plaintiff’s claim of negligence noting that licensure and/or certification is not required to prepare abstracts in Iowa.

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