Creekridge Townhome Owners Ass'n, Inc. v. C. Scott Whitten, Inc., No. C058300
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
Filed September 1, 2009
Opinion by Judge Butz
Angius & Terry LLP, Paul P. Terry, Jr., Bradley J. Epstein
Klinedinst PC, G. Dale Britton, Natalie P. Vance and Jason W. Schaff
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