A-18-0447, Becher v. Hunt Irrigation, Inc.
Lancaster County District Court, Judge Robert R. Otte
Attorney for Appellant: Bradley A. Sipp
Attorneys for Appellee: Ryan C. Carson and Elizabeth J. Chrisp (Jacobsen, Orr, Lindstrom & Holbrook, P.C., L.L.O.)
Civil Action: Breach of Contract and Negligence
Action Taken by the Trial Court: Mark Becher filed a complaint alleging breach of contract and negligence claims against Hunt Irrigation, Inc. (Hunt Irrigation). Becher claimed the company agreed to winterize his home sprinkler system, but did not do so, and this resulted in damages in excess of $200,000. Hunt Irrigation filed a motion for summary judgment, which the trial court sustained. The trial court concluded the essential elements of a contract were not established, including that the parties never agreed on the cost of the services sought.
Assignments of Error on Appeal: Becher claims, consolidated and restated, that the district court erred in granting Hunt Irrigation’s motion for summary judgment because there are genuine issues of material fact regarding whether or not Hunt Irrigation promised to winterize his sprinkler system, as well as whether the parties agreed on the cost of services to be performed.