Court Affirms Summary Judgment for Homeowners' Untimely Claims

DES MOINES, Iowa - The Court of Appeals of Iowa has affirmed summary judgment for personal injury and property damage claims against several builder defendants, saying the homeowners should have been aware of potential mold problems when they found water leaks, rather than waiting until they learned of structural damage. Bradley v. Manternach, et al., No. 06-1622 (Iowa Ct. App.).

The court also affirmed summary judgment for one defendant who didn't move for summary judgment, saying the U.S. Supreme Court has said courts hold such power.

Steven and Candace Bradley alleged in a complaint filed on July 28, 2003, …