Duncan v. AMMONS CONST. CO., INC.

COZORT, Judge.

Plaintiffs filed this action grounded in negligence to recover damages for personal injuries. Defendants denied negligence and moved for summary judgment on the basis of the statute of repose. On the date the summary judgment motion was to be heard, plaintiffs moved to amend the complaint to allege “wanton” negligence. From an order granting defendants’ motion for summary judgment and denying plaintiffs’ motion for leave to amend, plaintiffs appeal.

On 10 September 1979, plaintiffs purchased a home, which had been built and completed by defendants prior to that date. On 15 May…