Brainard v. McKinney

Pope, Presiding Judge.

Plaintiff Sarah Brainard brought suit against defendant Stephen McKinney d/b/a The Building Inspector of America seeking to recover $23,700 in damages allegedly resulting from the negligent inspection of a condominium purchased by plaintiff. Defendant filed a motion for partial summary judgment, contending its liability was limited to the cost of the inspection pursuant to the terms of the contract plaintiff signed at the time of the inspection. The trial court granted defendant’s motion, and plaintiff filed the present appeal to this Court.

1. At issue here is the…