Smith v. Frandsen

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 Appellants, Steve and Catherine Smith (the Smiths), filed suit against appellee, Mel Frandsen dba Mary Mel Construction Company (Mary Mel), seeking compensatory and punitive damages for negligent misrepresentation, negligence, and fraudulent concealment after the footings, foundation, and structure of their home settled, allegedly due to improper soil compaction and a general lack of lateral support.

¶ 2 The trial court granted Mary Mel’s motion for summary judgment, and the Smiths filed a timely notice of appeal. We affirm.

FACTS

¶ 3 In the early 1990s,…