NOVAK HEATING & AIR COND. v. CARRIER

No. 99-0238.

622 N.W.2d 495 (2001)

NOVAK HEATING & AIR CONDITIONING, Appellee, v. CARRIER CORPORATION, Appellant, and Yellow Freight System and Yeoman's Distributing, Defendants.

Supreme Court of Iowa.

February 14, 2001.


Attorney(s) appearing for the Case

Webb L. Wassmer of Simmons, Perrine, Albright & Ellwood, P.L.C., Cedar Rapids, for appellant.

No appearance for appellee.

Considered en banc.


NEUMAN, Justice.

We granted further review to consider defendant Carrier Corporation's claim that the district court and court of appeals misapplied fundamental tort principles in the resolution of this small claims dispute. We agree with Carrier's contentions and, therefore, vacate the decision of the court of appeals and reverse the district court judgment against Carrier.

The facts are essentially undisputed...

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