Domingue v. NEHEMIAH II, INC.

HUNTER, JR., Robert N, Judge.

John H. Domingue (“plaintiff”), a subsequent owner to the original homeowner, brought claims of negligence and breach of contract against Nehemiah II, Inc., and Wanda Garwood (“defendants”) for alleged defective construction of a dwelling. Plaintiffs claims were dismissed under Rule 12(b)(6) for failure to state a claim for which relief could be granted, in part due to lack of privity and lack of duty of care. We conclude plaintiffs complaint sufficiently alleged negligence, and the trial court erred in dismissing the complaint. Accordingly, we reverse the trial…