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WEATHERLY v. FONSECA & ASSOCIATES, L.L.C.

No. 10-495.

48 So.3d 394 (2010)

Josie Stokes WEATHERLY v. FONSECA & ASSOCIATES, L.L.C., et al.

Court of Appeal of Louisiana, Third Circuit.

October 6, 2010.

Attorney(s) appearing for the Case

Stan Gauthier, II , Nichole Laborde Romero , Attorneys at Law, Lafayette, LA, for Plaintiff/Appellant, Josie Stokes Weatherly.

Nancy A. Richeaux , Sharon B. Kyle , A.P.L.C., Baton Rouge, LA, Sera Hearn Russell, III , Attorney at Law, Lafayette, LA, for Defendant/Appellee, Manuel Builders, L.L.C.

Wayne Allen Shullaw , Attorney at Law, Lafayette, LA, for Defendant/Appellee, Montagnet & Domingue.

David J. Ayo , Allen & Gooch, Lafayette, LA, for Defendants/Appellees, Continental Casualty Company, Fonseca & Associates, L.L.C., R.J. Fonseca, Jr., Standard Title, L.L.C. and Mitchell R. Landry.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, OSWALD A. DECUIR, and JAMES T. GENOVESE, Judges.

DECUIR, Judge.

This is a homeowner's appeal of the trial court's grant of summary judgment in favor of the builder.

FACTS

Josie Stokes Weatherly (Weatherly) contracted with Manuel Builders, LLC (Manuel) for the construction of a home on her land. Under the contract, Weatherly was to provide a survey of the property and assumed responsibility for any concealed condition. Despite having actual knowledge of the existence of a gas pipeline on her property...

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