Miller v. Big River Concrete, LLC

PAUL J. SIMON, Judge.

Plaintiffs Darrin and Mary Jo Miller, husband and wife, appeal the summary judgment granted in favor of defendants John Wolf (Wdf) and W.R. Grace & Company (Grace).

Plaintiffs contend that the trial court erred in granting summary judgment because: (1) genuine issues of material fact existed concerning whether Wolf knew or should have known that results of the “Swiss Hammer Test” would be provided to the Millers and whether they were entitled to rely on the representations made by Wolf and Grace; and (2) the lack of contractual privity between the Millers and Wolf and…