Redarowicz v. Ohlendorf

The majority opinion is correct only insofar as it relates to count VI. That count does state a cause of action. The balance of the majority opinion reflects on the law as it was and the problems of yesterday. It seems not to turn to problems as they factually exist today and makes the law not an instrument of solving the problems of today or tomorrow..

I

In counts I and V, the plaintiff alleges negligence and seeks to recover his economic loss — the cost of repairing or replacing the defective chimney, wall, and patio. The trial court incorrectly ruled that because the two negligence counts…