Charles HARRIS and Kary A. Harris, co-trustees of the Harris Family Trust, Appellants,
v.
George R. SUNIGA and George R. Suniga, Inc., an Oregon corporation, Respondents.
George R. Suniga and George R. Suniga, Inc., an Oregon corporation, Third-Party Plaintiffs,
v.
Harvey Cain Construction, Inc., an Oregon corporation; Color Flow Painting, Inc.; Paul Allport, dba Triple J Remodeling and Roofing; and Scott A. Boyd, dba Boyd's Painting, Third-Party Defendants.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and submitted April 20, 2006.
Decided December 6, 2006.
Attorney(s) appearing for the Case
Norman R. Hill argued the cause for appellants. With him on the briefs was Webb, Martinis & Hill.
Bruce R. Gilbert, Portland, argued the cause for respondents. With him on the brief were Graham M. Sweitzer and Smith Freed & Eberhard, PC.
Dean E. Aldrich argued the cause and filed the brief amicus curiae for Murrey and JoAnn Albers; Richard and Gwynne Christle; Elizabeth Christopherson and Marjorie Kim Kelley; Frances Matson; the Denney Road Rowhomes Owners Association, Inc.; and Orenco Place Owners Association. With him on the brief were J. Lee Street, Sarah E. Greenley, Portland, and The Aldrich Law Office, P.C.
Phillip E. Joseph, Portland, argued the cause and filed the brief amicus curiae for Unit Owners of Prescott Condominiums; Association of Unit Owners of Lakewood Lofts and Condominiums; Chinh and Tam Tran; Daniel and Stephanie Harmond; and Brian and Janet Mattson. With him on the brief were James T. McDermott, James C. Prichard, Robert W. Wilkinson, Portland, and Ball Janik LLP.
Thomas M. Christ, Portland, argued the cause and filed the brief amicus curiae for Mutual of Enumclaw Insurance Company. With him on the brief were Thomas W. Brown, Portland, and Cosgrave Vergeer Kester LLP.
Todd S. Baran and Todd S. Baran, P.C., and Kenneth Hobbs and Stafford Frey Cooper, Seattle, jointly filed the brief amicus curiae for Degussa Wall Systems, Sto Corp., and Dryvit Systems, Inc.
Frederic E. Cann, Portland, and Cann Lawyers filed the brief amicus curiae for Northridge Remodeling Company.
Before LANDAU, Presiding Judge, and ORTEGA, Judge, and WILSON, Judge pro tempore.
Court of Appeals of Oregon.
LANDAU, P.J.
Plaintiffs are the trustees of a trust that owns an apartment building that defendants built. The trust, however, is not the first owner and has no contractual relationship with defendants. When plaintiffs discovered defects in the construction of the apartment building, they initiated this action against defendants for negligent construction. Defendants moved for summary judgment, arguing that plaintiffs' negligence claim is barred by the "economic loss...
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