Adams v. John Deere Co.

Lewis, J.:

The appellant, Dan Adams, appeals the decision of the district court granting summary judgment in favor of the defendant, John Deere Company, from the order of the court dismissing his lawsuit with prejudice for failure to prosecute, and from the order denying his motion to file a second amended petition.

The key issue on this appeal is whether a “no-lost-profits” clause in the agreement between the parties is unconscionable and, therefore, unenforceable. Since this issue is virtually dis-positive of the appeal, we turn to it first.

The record shows that appellant had been an…