Vigil v. Spokane County

—Richard and Jeaneene Vigil appeal a summary judgment which dismissed their cause of action against William Keimig for breach of the implied warranty of habitability on statute of limitation grounds. We reverse.

In late 1975, the Vigils purchased a new home from its builder, Mr. Keimig. In early 1976, a small amount of clear, odorless water backed up in a drain in the basement. Mr. Vigil called Mr. Keimig, who came to the house with a backhoe operator, dug a hole in the yard, and filled it with gravel. While Mrs. Vigil observed this activity from a window in the house, she did not make a…