Southeast Consultants, Inc. v. O'Pry

Birdsong, Presiding Judge.

D. Michael O’Pry sued Benny L. Brunner and Southeast Consultants, Inc., engineering and land surveyors who were subcontractors on O’Pry’s new house, for negligence in performing percolation tests prior to installation of a septic tank. Three months after O’Pry purchased the new house for $117,500, the noxious condition of the septic tank manifested itself. The jury rendered a verdict for O’Pry for 5125,000. Brunner and Southeast Consultants appeal. Held:

1. Appellants contend they were entitled to judgment n.o.v. on grounds the plaintiff has no standing to sue because…