Justin Boliver and Nicole L. Boliver v. Larry Kester, 15-1973

Kester developed Cross Country Estates; 2004 service lateral form identified Lot 6 sewer connection location.
In 2006, the preliminary plat was modified, relocating a nearby manhole; no new service lateral form was submitted for the changed location.
Lot 6 was sold to a third party in 2008, then to the Bolivers in 2012; they hired a general contractor for construction.
Plumbers received the 2004 form and verified with the city; they dug for the sewer connection at the stated location and found nothing.
Kester showed the plumbers the 2004 form but did not provide updated designs; the search continued for approximately 11 working days and cost nearly $15,000.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Kester’s information constitutes negligent misrepresentation	Bolivers contend Kester supplied erroneous location information to their contractors.	Kester did not supply information in his business context, and the plumbers did not rely on any information from him.	No negligent misrepresentation; lack of information, lack of business context, and no reliance.

Van Sickle Constr. Co. v. Wachovia Commercial Mortg., Inc., 783 N.W.2d 684 (Iowa 2010) (negligent misrepresentation framework for pecuniary loss)
Bagelmann v. First Nat'l Bank, 823 N.W.2d 18 (Iowa 2012) (Restatement (Second) of Torts § 552(1) interpretation)
Pitts v. Farm Bureau Life Ins. Co., 818 N.W.2d 91 (Iowa 2012) (restrictive recovery for economic-interference misrepresentation)
McLeodUSA Telecomm. Servs., Inc. v. Qwest Corp., 469 F. Supp. 2d 677 (N.D. Iowa 2007) (evolution of elements for negligent misrepresentation)
Brokaw v. Winfield-Mt. Union Cmty. Sch. Dist., 788 N.W.2d 386 (Iowa 2010) (substantial-evidence standard and review for factual findings)