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BUNNELL v. DALTON CONSTRUCTION, INC.

C033658CV; A126778.

149 P.3d 1240 (2006)

210 Or. App. 138

Greg BUNNELL and Cami Bunnell, Appellants, v. DALTON CONSTRUCTION, INC., Respondent. Dalton Construction, Inc., Third-Party Plaintiff, v. Northwest Plastering Systems, Inc., an Oregon corporation; JBC Roofing, LLC, an Oregon limited liability company; Greg DeWolf, sole proprietor, dba Dewolf Custom Homes; North American Metals, Inc., an Oregon corporation, dba West Coast Gutter Service; and Custom Masonry, an Oregon corporation, Third-Party Defendants.

Court of Appeals of Oregon.

Decided December 27, 2006.

Attorney(s) appearing for the Case

Meagan A. Flynn argued the cause for appellants. With her on the briefs was Preston Bunnell & Flynn, LLP.

Dan R. Schanz argued the cause for respondent. With him on the brief were James Lawler and Spooner & Much, P.C.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

Plaintiffs appeal a judgment dismissing their negligence claim against defendant, the builder of plaintiffs' home, on the ground that the claim is for purely economic loss that is not recoverable in the absence of a special relationship between the parties. We reverse and remand.

The relevant facts are not in dispute. Defendant built a home in 1997 and sold it to the Evanses. In 2003, the Evanses listed...

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