Lisa A. Determan v. James H. Johnson and Diane V. Johnson

Negligent Home Construction - This case concerns James and Diane Johnson's liability for
structural and other defects in a residential property they built
in 1990 and sold to Lisa Determan and her former husband in 1992.
After an architect attributed Determan's initial observation of a
sagging roof and cracked walls to substandard workmanship and
building code violations, Determan sued the Johnsons for the
resulting damages. Determan's theories of Johnson's liability
recited in her petition filed August 30, 1992, included fraudulent
misrepresentation, implied warranty, negligence, equitable
estoppel, and promissory estoppel.

Following the conclusion of all of the evidence at trial, the
district court sustained Johnson's motion for directed verdicts on
Determan's negligence, estoppel, implied warranty, and fraudulent
misrepresentation claims concerning the construction and sale of
the house. Determan's fraudulent misrepresentation claim
concerning the property's septic system was the only theory of
liability submitted for the jury's consideration.

The jury returned a verdict awarding Determan $8800 in damages
under this theory. Determan's motions for a new trial on her
negligence and remaining fraudulent representation theories were
denied, and judgment was entered in accordance with the jury's
verdict. After judgment was entered, Determan caused a general
execution to issue resulting in the levy on sufficient funds from
the Johnsons' bank accounts to satisfy the judgment.

Unknown

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Affirmed by the Court of Appeals of Iowa. See: __ N.W.2d ___ (Iowa App. 11-23-99). Note: The above date reflects the appellate court decision date, not the original trial date. Reported by kkm. Processed JF