Johnson v. Siegel

Opinion

WUNDERLICH, J.

C. Stephen Johnson’s new home flooded during a rainstorm, he filed an action against the sellers of the home, alleging that they had intentionally and negligently failed to disclose flooding and drainage problems on the property. The sellers moved for summary judgment on the ground that Johnson had filed suit without initiating arbitration, as required by the parties’ residential purchase agreement. The trial court granted the sellers’ motion, judgment was entered, and this appeal followed. For reasons we shall explain, we affirm the granting of summary judgment. However,…