Miller v. Hutson

281 S.W.3d 791 (2009)

George MILLER, et al., Appellants,

v.

Donna HUTSON (d/b/a Scott Partin Builders), Appellee.

No. 2007-SC-000317-DG.

Supreme Court of Kentucky.

April 23, 2009.

David Ora Smith, Marcia A. Smith, Corbin, KY, Counsel for Appellants.

Darrell L. Saunders, Corbin, KY, Counsel for Appellee.

Opinion of the Court by Justice SCHRODER.

There are three issues in this construction-defects case: whether the home builder exception to the doctrine of caveat emptor should be expanded to include subdivision developers of market houses; whether the developer is also the home builder; and whether the…