Montora Johnson and Woochie's World, L.L.C. v. Bauer Built, Inc.

Summary

The Iowa Court of Appeals affirmed summary judgment for Bauer Built, Inc. in a negligence action arising from a wheel assembly that detached from a repaired semi-tractor. The court held that the cross-claim sufficiently pleaded res ipsa loquitur and that expert testimony was not required, but affirmed on the alternative ground that the plaintiff failed to generate a genuine issue of material fact that Bauer Built’s alleged negligence caused the claimed insurance-related damages.

Holdings

1. A pleading alleging that a defendant negligently repaired and calibrated an instrumentality, without specifying how the negligence occurred, can provide fair notice of both a specific negligence claim and a general negligence claim based on res ipsa loquitur. Johnson's cross-claim sufficiently pleaded res ipsa loquitur.
2. Expert testimony was not required to establish the res ipsa loquitur claim because ordinary citizens commonly understand that a wheel assembly that was just repaired ordinarily would not detach while a vehicle is being driven three hours later absent negligence.
3. Summary judgment was proper because Johnson's only asserted damages were lost revenue allegedly caused by his inability to obtain insurance, and he produced no evidence creating a genuine issue of material fact that the wheel-detachment incident or related claims caused the loss of insurance.

Questions Presented

1. Whether Johnson's cross-claim sufficiently pleaded both specific negligence and general negligence based on res ipsa loquitur.
2. Whether expert testimony was required to support Johnson's res ipsa loquitur claim.
3. Whether summary judgment was proper because Johnson failed to produce evidence creating a genuine issue of material fact that Bauer Built's alleged negligence caused his claimed damages.

Disposition

affirmed