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FLORADAY v. DON GALLOWAY HOMES, INC.

No. 232PA94.

456 S.E.2d 303 (1995)

340 N.C. 223

Richard F. FLORADAY, Jr. and wife, Christine E. Floraday v. DON GALLOWAY HOMES, INC.

Supreme Court of North Carolina.

May 5, 1995.

Attorney(s) appearing for the Case

Morris, York, Williams, Surles & Brearley by Gregory C. York, Charlotte, for plaintiff-appellees.

Kellam, Lancaster & Trotter by Raymond L. Lancaster and William H. Trotter, Jr., Charlotte, for defendant-appellant.

FRYE, Justice.

This appeal presents the question of whether an owner of a dwelling house who is not the original purchaser has a cause of action against the builder for negligence in the construction of a backyard retaining wall that materially affects the structural integrity of the house, when such negligence results in damage to the owner. We conclude that the reasoning in Oates v. JAG, Inc., 314 N.C. 276,

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