Thompson v. Genis Building Corp.

HOFFMAN, Judge.

This case was instituted by plaintiffs-appellants James and Eleanor Thompson to recover for damage to their dwelling and the contents situated therein by reason of the failure of a sewer line cap which allowed water and sewage to flow directly into their basement. In their complaint, the Thompsons alleged that the Genis Building Corporation had breached its implied warranty of fitness for habitation and was negligent in constructing the dwelling. They also included a cause of action against defendant-appellee Great American Insurance Company based upon a homeowner’s insurance…