Minn. Appeals Court Vacates Award Over Measure of Damages

ST. PAUL, Minn. - The Minnesota Court of Appeals on July 31 vacated a $30,000 verdict for homeowners who sued the previous owners for alleged nondisclosure of defects, holding that the trial court applied the wrong measure of damages in issuing the award. Flatten v. Mattson, No. 24-C6-05-000024 (Minn. Ct. App.).

The Court of Appeals said in its unpublished opinion that the Freeborn County District Court erred in basing its award on the cost of repairs, saying the appropriate measure of damages would have been loss of value.

Tony L. Flatten and his wife complained that they experienced roof …