Taylor Whitacre et al. v. McDermott Enterprises, LLC and Uriah Miller
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| Case Name: | Taylor Whitacre et al. v. McDermott Enterprises, LLC and Uriah Miller |
| Case Number: | LACV114484 |
| Date of Trial: | 05/29/2025 |  | Venue: | Dubuque County |
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| Casetype/Claims: | Personal Injury - Other Negligence - Lead Poisoning; Consumer Fraud; Breach of Contract (Implied Warranty of Habitability); Landlord/Tenant; Fraudulent Misrepresentation |
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| Judge: | Monica Zrinyi Ackley |
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| Plaintiff's Counsel: | Matthew Preston; Cara Roberts | | Defendant's Counsel: | Phil Jensen, Chris Raker (Defendant McDermott Enterprises); Ed Henry, Anna Wolle (Defendant Miller |
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| Verdict: | For Plaintiffs on Plaintiffs’ Claims of Negligence, Consumer Fraud, Implied Warranty of Habitability/Landlord Tenant
For Defendant Miller on Defendant McDermott Enterprises’ Claim of Negligence and Fraudulent Misrepresentation
Negligence Damages (Against Defendants McDermott Enterprises, Miller)
Future Medical Expenses: $617,729
Loss of Future Earning Capacity: $837,464
Loss of Full Mind and Body – Past: $50,000
Loss of Full Mind and Body – Future: $50,000
Physical and Mental Pain and Suffering – Past: 50,000
Physical and Mental Pain and Suffering – Future: 50,000
Loss of Companionship – Past: $20,000
Loss of Companionship – Future: $20,000
TOTAL NEGLIGENCE DAMAGES: $1,695,193
Comparative Fault: ☒Plaintiffs 27%; Defendant McDermott Enterprises 63%; Defendant Miller 10%
Habitability / Landlord Tenant Damages (Against Defendant McDermott Enterprises)
TOTAL HABITABLILITY DAMAGES: $5,500
Consumer Fraud Damages (Against Defendant McDermott Enterprises)
Future Medical Expenses: $617,729
Loss of Future Earning Capacity: $837,464
Other Damages: $67,876
Statutory damages: $5,000
TOTAL CONSUMER FRAUD DAMAGES: $1,528,069
Punitive Damages
Punitive Damages – Defendant McDermott Enterprises: $50,000
Punitive Damages – Defendant Miller: $20,00.00
TOTAL PUNITIVE DAMAGES: $70,000 |
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| Demand Before Trial: | |
| Offer Before Trial: | |
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Statement of Case:
This action involves lead poisoning of I.L. The Plaintiffs allege McDermott Enterprises, LLC (“McDermott”) as owner and landlord had a duty to inform them of the presence and/or risk of lead-based paint hazards in the residence they leased from it commencing in 2018. They claim McDermott as owner and landlord had a duty to maintain the property in a habitable and safe condition. They assert McDermott’s failure to maintain the property resulted in a diagnosis of lead poisoning that has caused permanent physical and cognitive injury to I.L.. Plaintiffs further allege that McDermott engaged in consumer fraud under Iowa law. Plaintiffs allege Uriah Miller (“Miller”), as the former owner and seller of the property to McDermott, failed to properly disclose the presence of lead-based paint and/or on-going monitoring obligations.
McDermott denies that its conduct was the cause of any of Plaintiffs’ injuries. McDermott asserts that Lead-Based Pamphlet was provided at the time of the review of the property. It also asserts conduct of the plaintiffs contributed to, resulted in or caused Plaintiffs’ injury.
McDermott alleges Miller has responsibility for Plaintiffs’ injuries as the former owner and seller of the property. McDermott asserts Miller fraudulently misrepresented the condition of the property or negligently failed to disclose the condition of the property at the time of the sale to McDermott Enterprises.
Miller denies Plaintiffs’ and McDermott’s claims against him. He further asserts the claims raised by McDermott are time barred by the statute of limitations. |
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| Injuries alleged: | |
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| Official Jury Verdict Form: |
 Whitacre Verdict 5 - Punitive Damages.PDF Whitacre Verdict 4 - McDermott Negligence, Fraud.PDF Whitacre Verdict 3 - Consumer Fruad.PDF Whitacre Verdict 2 - Habitability, Landlord Tenant.PDF Whitacre Verdict 1 - Negligence.PDF |
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Documents of interest:
(when available) |  Whitacre Jury Instructions.PDF |
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