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WAGGONER v. TOWN & COUNTRY MOBILE HOMES, INC.

No. 64507.

808 P.2d 649 (1990)

Richard L. WAGGONER and Lois A. Waggoner, Appellees, v. TOWN & COUNTRY MOBILE HOMES, INC., a subsidiary of Brigadier Industries Corp., an Oklahoma corporation, a subsidiary of U.S. Homes Manufactured Housing Corp., a New Jersey corporation, and University Mobile Homes, Inc., an Oklahoma corporation, et al., Appellant, and University Mobile Homes, Inc., Appellee.

Supreme Court of Oklahoma.

Rehearing Denied April 2, 1991.

Attorney(s) appearing for the Case

Murphy & Murphy by Robert M. Murphy, Jr., Stillwater, for appellant.

Melissa Griner DeLacerda, Stillwater, for appellees, Waggoners.

Winfrey D. Houston, Stillwater, for appellee, University Mobile Homes, Inc.

HODGES, Judge.

This appeal presents an issue of first impression. Did the trial court err by instructing the jury on manufacturers' products liability when a design defect caused only deterioration in the product itself resulting in purely economic loss? We answer in the affirmative and hold that such a claim must be pursued as a warranty action.

There is a second issue. Did the trial court err by denying manufacturer...

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