COKER v. SILER

No. 107,696.

304 P.3d 689 (2013)

Gregory COKER, Appellant, v. Michael D. SILER, Defendant, and J.M.C. Construction, Inc., and John M. Chaney, Appellees.

Court of Appeals of Kansas.

May 3, 2013.


Attorney(s) appearing for the Case

Todd B. Butler and Stephanie B. Poyer , of Butler & Associates, P.A., of Topeka, for appellant.

Thomas H. Johnson , of Petefish, Immel, Heeb & Hird, LLP, of Lawrence, for appellees.

Before McANANY, P.J., BUSER and STANDRIDGE, JJ.


STANDRIDGE, J.

After Gregory Coker's new home was damaged, he filed a lawsuit for breach of express warranty against the company that sold him the house and for negligence against John M. Chaney, the plumber whose act caused the damage. The district court ultimately dismissed Coker's claim of negligence against Chaney based on the economic loss doctrine, which — as it existed under Kansas law at the time — prevented a homeowner from bringing a tort action...

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