Womer v. Melody Woods Homes Corp.

Plaintiff homeowners initiated this action against defendant, their builder, alleging negligence and breach of contract arising out of defendant’s construction of the home on an existing natural gas easement. Defendant filed third-party claims against Technical Engineering Corporation and its employee, Thomas L. Amberg, for negligently preparing the site survey and against Fidelity National Title Company of Oregon (Fidelity) for failing to ascertain the existence of the easement. The trial court entered summary judgment against defendant on its third-party claims. We affirm.

The relevant facts…