Linden v. Cascade Stone Co. Inc. Linden v. Cascade Stone Co. Inc.

Linden v. Cascade Stone Co. Inc‪.‬

687 N.W.2d 823, 276 Wis.2d 267, 2004 WI App 184, WI.0000724(2004)

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Publisher Description

1. James and Dianne Linden appeal a summary judgment dismissing their negligence and contract claims against Cascade Stone Company, Inc., Rich Fern d/b/a Allied Construction, and their insurers for alleged faulty workmanship in the construction of the Lindens' home. The Lindens contend that: (1) the economic loss doctrine does not bar their negligence claims; (2) the trial court erred in dismissing Cascade's insurer, West Bend Mutual Insurance Company, since its policy covers their contract claim against Cascade; and (3) the trial court erred in denying leave to amend their complaint against Fern. Because we determine the predominant purpose of the underlying transaction was for a product, we conclude that the economic loss doctrine bars the Lindens' tort claims. We decline to review the trial court's ruling dismissing West Bend since any error was invited. Finally, we conclude that the trial court properly exercised its discretion in refusing to allow the Lindens to amend their complaint to add a contract claim against Fern. BACKGROUND

GENRE
Professional & Technical
RELEASED
2004
17 August
LANGUAGE
EN
English
LENGTH
17
Pages
PUBLISHER
LawApp Publishers
SIZE
69.6
KB

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