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Creekridge Townhome Owners Ass'n, Inc. v. C. Scott Whitten, Inc., No. C058300

By FindLaw Staff on September 02, 2009 4:47 PM

In a construction defect case, trial court's grant of summary judgment on statute of limitations grounds to the roofing defendants is reversed where: 1) there are triable issues of material fact on whether the alleged defect was patent: 2) there are triable issues of material fact on whether the defect can be deemed discovered in the latent defect context because the damage was sufficiently appreciable so that plaintiff suspected or reasonably should have suspected that defendants had done something wrong to plaintiff.    

Read Creekridge Townhome Owners Ass'n, Inc. v. C. Scott Whitten, Inc., No. C058300

Appellate Information

Filed September 1, 2009

Judges

Opinion by Judge Butz

Counsel

For Appellant:

Angius & Terry LLP, Paul P. Terry, Jr., Bradley J. Epstein

and Sam Y. Chon

For Respondent:

Klinedinst PC, G. Dale Britton, Natalie P. Vance and Jason W. Schaff

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