Bluemlein v. Szepanski

Plaintiff, Colleen V. Bluemlein, d/ b/a Melcraft Marine, brought a civil action against the defendants, d/b/a Szepanski Lumber and Szepanski Enterprises, charging negligence, breach of implied warranty, and breach of contract. She sought to recover damages caused by the collapse of the roof on a building built by defendants. The trial court dismissed the implied warranty and contract claims prior to any proofs being offered, and a subsequent jury trial resulted in a verdict of $40,000 in favor of the plaintiff. Defendants appeal as of right.

In October, 1967, defendants contracted to construct…