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Keywords

plaintiffdefendantdamagescommon law

plaintiffdefendantdamagesappealmotioncommon lawmotion to dismiss

Related Cases

Dier v. Peters, 815 N.W.2d 1

Facts

Joseph O. Dier was led to believe by Cassandra Jo Peters that he was the biological father of her child, O.D., born on February 10, 2009. Despite knowing that Dier was not the biological father, Peters made representations to him that he was, which led Dier to provide financial support for both Peters and the child. After two paternity tests excluded Dier as the biological father, he filed a petition seeking reimbursement for the financial support he had provided, which Peters moved to dismiss, claiming that Iowa law did not recognize a paternity fraud action.

O.D. was born to Cassandra Jo Peters on February 10, 2009. Peters knew that Joseph O. Dier was not the child's biological father, but nonetheless told Dier that he was. Based on the mother's representations, Dier provided financial support for the mother and the child.

Issue

Whether Iowa law allows a putative father to bring a paternity fraud action against a biological mother to obtain reimbursement of payments that were voluntarily made.

The sole issue on appeal is whether Iowa law allows a putative father to bring a paternity fraud action against a biological mother to obtain reimbursement of payments that were voluntarily made.

Rule

A common law fraud claim requires proof that the defendant made a false representation, that the representation was material, that the defendant knew it was false, that the defendant intended to deceive the plaintiff, that the plaintiff justifiably relied on the representation, and that the representation was the proximate cause of the plaintiff's damages.

In order to prevail on a common law fraud claim the plaintiff must prove the following: (1) [the] defendant made a representation to the plaintiff, (2) the representation was false, (3) the representation was material, (4) the defendant knew the representation was false, (5) the defendant intended to deceive the plaintiff, (6) the plaintiff acted in [justifiable] reliance on the truth of the representation …, (7) the representation was a proximate cause of [the] plaintiff's damages, and (8) the amount of damages.

Analysis

The court found that Dier's allegations met the elements of a common law fraud claim. Peters' representation that Dier was the biological father was false and material, as it induced Dier to provide financial support. The court noted that Dier had justifiably relied on Peters' representation, and the misrepresentation was the proximate cause of his financial expenditures. The court also determined that allowing the claim to proceed did not contravene public policy.

Dier alleges that Peters told him he was the child's biological father. The two subsequent paternity tests demonstrate that this representation was false. Dier has alleged a material misrepresentation. Being the father of a child is an important matter, bringing with it legal, financial, and moral responsibilities. Dier alleges that his decision to voluntarily incur the expenses associated with supporting the child and her mother were 'based upon the representations made by the Defendant' and that Peters 'used this assertion to secure monies from [him].'

Conclusion

The Supreme Court reversed the district court's dismissal of Dier's paternity fraud action and remanded the case for further proceedings, allowing Dier to pursue his claim for reimbursement.

Accordingly, we reverse the judgment of the district court granting the mother's motion to dismiss and remand for further proceedings.

Who won?

Joseph O. Dier prevailed in the case because the Supreme Court recognized his right to pursue a common law paternity fraud action against Peters, finding that his allegations met the necessary legal standards.

Dier has brought a common law action for fraud seeking as damages monies voluntarily paid based on an allegedly fraudulent representation.

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