Iowa Court: Pool Owner Can Pursue Fireworks Damage Claim Without Expert Testimony

The ruling came in Pudans v. Frank Rieman Music, Inc., decided by the Iowa Court of Appeals in an opinion by Judge Sharon Soorholtz Greer. Pudans and the Donahues are next-door neighbors, and Pudans alleged that on the Fourth of July in 2017, fireworks set off from the Donahues' property damaged her swimming pool. The Donahues argued Pudans's claim that their fireworks burned a hole in her pool liner could not survive summary judgment without expert testimony on causation.

Pudans responded with an affidavit detailing her experience as a swimming-pool owner, testifying she observed no "black spots" or damage to the liner on July 4, 2017, before the fireworks; witnessed fireworks from the Donahues later that day; and found "black marks" and damage to the liner the next day. Spent fireworks were removed from her pool filter. The Donahues argued that swimming pools are full of water, water usually puts out fires, and therefore an expert is needed to prove flaming fireworks debris could burn a pool liner with water above it. The appeals court disagreed, finding that Pudans's lay testimony, combined with the physical evidence, was sufficient to create a genuine issue of material fact for a jury to decide.