DAVID v. HETT

No. 98,419.

270 P.3d 1102 (2011)

293 Kan. 679

Scott DAVID and Sherry David, Appellants, v. David HETT, d/b/a Hett Construction, Appellee.

Supreme Court of Kansas.

December 30, 2011.


Attorney(s) appearing for the Case

Randall E. Fisher , of Law Office of Randall E. Fisher, of Wichita, argued the cause and was on the briefs for appellants.

Patrick J. Murphy , of Wallace, Saunders, Austin, Brown & Enochs Chartered, of Wichita, argued the cause and Craig C. Blumreich , of Larson & Blumreich, Chtd., of Topeka, was with him on the briefs for appellee.


The opinion of the court was delivered by BILES, J.:

This dispute questions whether the economic loss doctrine, which began as a prohibition against certain product liability actions, extends to tort claims brought by homeowners against residential service contractors for poor workmanship. The district court and Court of Appeals applied the doctrine and dismissed the homeowners' negligence theories. But we hold the doctrine should not apply. Our existing caselaw establishes...

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