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IN RE ESTATE OF GATTIS

Court of Appeals Nos. 12CA1269 & 13CA0116.

318 P.3d 549 (2013)

2013 COA 145

IN RE the ESTATE OF Carol S. GATTIS, deceased. Scott M. Gattis, Linda L. Spreitzer, and Amy G. Goeden, as Personal Representatives, Appellees, v. John E. McNutt; Timothy A. McNutt; and Christopher L. Boortz, Defendants-Appellants.

Colorado Court of Appeals, Div. IV.

Announced November 7, 2013.

Attorney(s) appearing for the Case

Hasler, Fonfara and Goddard LLP, Timothy L. Goddard , Fort Collins, Colorado; Swift and Bramer, LLP, James D. Bramer , Windsor, Colorado, for Appellees

Moye White LLP, William F. Jones , Dean E. Richardson , Denver, Colorado, for Defendants-Appellants

Opinion by JUDGE WEBB

¶ 1 Whether the economic loss rule bars a nondisclosure tort claim against the seller of a home built on expansive soils, which caused damage to the home after the sale, is a question of first impression in Colorado. In case number 12CA1269, defendants, John E. McNutt, Timothy A. McNutt, and Christopher L. Boortz (collectively, Sellers), appeal the judgment entered following a bench trial in favor of Carol S. Gattis (Gattis) on her nondisclosure...

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