Floraday v. Don Galloway Homes, Inc.

FRYE, Justice.

This appeal presents the question of whether an owner of a dwelling house who is not the original purchaser has a cause of action against the builder for negligence in the construction of a backyard retaining wall that materially affects the structural integrity of the house, when such negligence results in damage to the owner. We conclude that the reasoning in Oates v. JAG, Inc., 314 N.C. 276, 333 S.E.2d 222 (1985), extends to such structures. We, therefore, affirm the decision of the Court of Appeals, which reversed summary judgment entered by the superior court in defendant’s…