Appeals court rules “no harm, no foul”

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DES MOINES, Iowa – The Iowa Court of Appeals has reversed a jury award against a Mason City car dealer in a dispute with a customer.  Paul and Tammie Garber filed suit against Bill Lyons Car Company and general manager Jeremiah Hosmer in June of 2012.  Court records state the Garbers bought a recreational vehicle from the dealership, and when they attempted to return it, there was an altercation between Paul Garber and Hosmer.  The Garbers sued Hosmer for civil assault, civil battery, fraudulent misrepresentation and loss of consortium.  They also requested punitive damages from Bill Lyons Car Company.  The jury did not find Hosmer responsible for any specific wrongdoing but still awarded the Garbers a total of $25,000 dollars.  Hosmer and Bill Lyons Car Company appealed that judgment and the Iowa Court of Appeals has now ruled punitive damages cannot be awarded because there was no finding of fault against either defendant.  The case has been remanded to the trial court for further proceedings.

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