WAXMAN v. WAXMAN & ASSOCIATES, INC.

050910112, A132602.

198 P.3d 445 (2008)

224 Or. App. 499

Loren J. WAXMAN and Pamela J. Vernon, Plaintiffs-Appellants, v. WAXMAN & ASSOCIATES, INC., an Oregon corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 24, 2008.


Attorney(s) appearing for the Case

Peter J. Viteznik, Portland, argued the cause for appellants. With him on the briefs were Kyle D. Sciuchetti, Lisa E. Lear, and Bullivant Houser Bailey PC.

Matthew J. Kalmanson argued the cause for respondent. On the brief were Janet M. Schroer, Portland, and Hoffman, Hart & Wagner, LLP.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.


HASELTON, P.J.

Plaintiffs, who are owners of one of four connected row houses, appeal, challenging the dismissal, on summary judgment, of their tort and contract claims against defendant, the builder/developer, to recover their share of costs associated with the repair of certain construction defects in the common elements of the building. Plaintiffs contend, principally, that the trial court erred (1) in concluding that the "economic loss" doctrine bars plaintiffs...

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