(Download) "Cowan v. Nordyke" by 2001 Session In the Supreme Court of Tennessee At Jackson April 4 # Book PDF Kindle ePub Free
eBook details
- Title: Cowan v. Nordyke
- Author : 2001 Session In the Supreme Court of Tennessee At Jackson April 4
- Release Date : January 09, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
In 2003, plaintiffs bought a house from defendant, a professional home designer, who had designed and built the house in 1996 and 1997 and had lived in it until he sold it to plaintiffs. In 2006, plaintiffs brought this action, claiming, among other things, that defendant had negligently designed several features of the house and that, as a result, substantial water damage occurred to the framing, floors, and walls. Plaintiffs alleged that defendants design of the home fell below the standard of care for a reasonably prudent home designer. The trial court granted summary judgment for defendant on the ground that Oregon law does not recognize a tort of "professional negligence" by a home designer. Plaintiffs moved to amend the complaint to allege that defendant was liable for the negligent design and construction of the house under the general negligence standard. The court denied the motion, ruling that the proffered amended complaint failed to state a claim. We affirm without discussion the ruling that Oregon law does not recognize a professional negligence tort by home designers. However, we disagree with the trial courts conclusion that plaintiffs proffered amended complaint failed to state a claim for general negligence. Accordingly, we reverse and remand.
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