Hauser v. Bosman

1 Mary Hauser sued Mark Bosman individually in connection with a home inspection. Bosman moved to dismiss, contending if Hauser had any claims for failures in the inspection, whether in contract or tort, it was against Home Inspection Associates, LLC ("the LLC"), of which he is a member. The circuit court granted the motion to dismiss,reasoning that it was clearly revealed at all times to Hauser that the LLC would be doing the inspection. We disagree. Whether Hauser contracted with Bosman or the LLC presents a question of fact necessitating reversal. Moreover, although an individual is personally responsible for his or her own tortious conduct, we remand for a determination of whether a viable tort claim may be presented for a negligent home inspection under the facts of this case.