Cedar Rapids Lodge & Suites, LLC v. Lightowler Johnson Assocs., Inc., No. 12-3919 (8th Cir. 2015)
Annotate this CaseIn 2003, the governors of Cedar Rapids Lodge obtained the rights to build an AmericInn franchise. The company used Lightowler as the project architect. Lightowler used a standard form agreement that specified that its terms would be governed by the law of North Dakota. After changes requested by the Fire Marshal and for compliance with franchise standards, Lightowler submitted revised plans in February, 2004. Construction began in January 2004. In July, 2004, Lidberg of AmericInn led a construction site visit attended by the governors, and Olson, a Lightowler engineer. Lidberg and Olson prepared reports detailing deficiencies. The last act performed by Lightowler on the project was a response to the contractor in September, 2004. Lidberg led a second site visit in October, 2004, produced a report identifying additional deficiencies, and sent it to Siebert and Lightowler. The hotel opened for business in December, 2004, but problems continued. In December, 2009 Cedar Rapids Lodge brought claims against its former governors and others involved in the hotel project and alleging professional negligence by Lightowler. The Eighth Circuit affirmed summary judgment in favor of Lightowler, concluding that the claim was barred by the statute of limitations under either North Dakota or Iowa law.
Court Description: Colloton, Author, with Bye and Gruender, Circuit Judges] Civil case - Torts. The court could not say that Iowa courts would expand the adverse domination doctrine to extend the statute of limitations to cover the situation where a plaintiff brings a claim of negligence against third parties, such as defendant Lightowler, who are not agents of the corporation or alleged co-conspirators of corporate agents; plaintiff's claims were time-barred as plaintiff had notice of the defects in November, 2003, more than five years before it brought suit.
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