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ABC BUILDERS, INC. v. PHILLIPS

Nos. 5468-5470 and 5484.

632 P.2d 925 (1981)

ABC BUILDERS, INC., a Corporation, Appellant (Defendant), The City of Sheridan, Wyoming, a Municipal Corporation (Defendant), v. William H. PHILLIPS and Cynthia Phillips, Appellees (Plaintiffs). William H. PHILLIPS and Cynthia Phillips, Appellants (Plaintiffs), v. ABC BUILDERS, INC., a Corporation, and The City of Sheridan, Wyoming, a Municipal Corporation, Appellees (Defendants). The CITY OF SHERIDAN, Wyoming, a Municipal Corporation, Appellant (Defendant), Abc Builders, Inc., a Corporation (Defendant), v. William H. PHILLIPS and Cynthia Phillips, Appellees (Plaintiffs). ABC BUILDERS, INC., a Corporation, Appellant (Defendant and Third-Party Plaintiff), v. Kenneth R. KASTER and Virginia R. Kaster, husband and wife, Appellees (Third-Party Defendants). The CITY OF SHERIDAN, Wyoming, a Municipal Corporation, Gary N. Benson and Betty Ann Benson, husband and wife (Third-Party Defendants), v. William H. PHILLIPS and Cynthia Phillips (Plaintiffs).

Supreme Court of Wyoming.

August 13, 1981.

Attorney(s) appearing for the Case

Stuart S. Healy, Kennedy, Connor & Healy, Sheridan, signed the briefs and appeared in oral argument on behalf of ABC Builders, Inc.

Harry F. Schwartz, Sheridan, signed the brief and appeared in oral argument on behalf of the City of Sheridan.

George S. Andrews, Andrews, Andrews & Riske, P.C., Cheyenne, signed the brief on behalf of amici curiae, the Sheridan County Board of Realtors and the Wyoming Board of Realtors, in support of the position of ABC Builders, Inc.

Micheal K. Shoumaker, Badley, Rasmussen & Shoumaker, Sheridan, signed the briefs and appeared in oral argument on behalf of the Phillipses.

Jeffrey J. Gonda, Sheridan, signed the brief on behalf of the Kasters.

Before ROSE, C.J., and RAPER, THOMAS, ROONEY and BROWN, JJ.

RAPER, Justice.

The liability of vendors of new and used residential property for damages arising out of the dangers of building site location will be the primary subject of this opinion. These appeals arise from a jury verdict holding a developer-builder-vendor and a city negligent and thus liable for damage to a house resulting from a landslide. We will address four major issues: 1) the effect of the district court's dismissal of an intermediate owner whose conduct...

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