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SMITH v. EXECUTIVE CUSTOM HOMES, INC.

No. 08CA0426.

209 P.3d 1175 (2009)

Judith A. SMITH and James R. Smith, Plaintiffs-Appellants, v. EXECUTIVE CUSTOM HOMES, INC., Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Certiorari Granted June 22, 2009.

Attorney(s) appearing for the Case

Hanes & Schutz, LLC, Timothy J. Schutz, January D. Barrett, Colorado Springs, Colorado, for Plaintiffs-Appellants.

Vaughan & DeMuro, Gordon L. Vaughan, Jessica Kyle Muzzio, Colorado Springs, Colorado, for Defendant-Appellee.

Opinion by Chief Judge DAVIDSON.

In this personal injury action, plaintiffs, Judith and James Smith (collectively, homeowners), appeal from the summary judgment dismissing with prejudice their complaint against the homebuilder, defendant, Executive Custom Homes, Inc. (ECH). We reverse based on the equitable tolling of the statute of limitations under the repair doctrine and remand with directions.

I. Background

This case arises out of Judith Smith...

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