Kmart Corp. v. Herzog Roofing, Inc.

¶1 Kmart Corporation (Kmart) appeals a summary judgment granted in favor of Herzog Roofing, Inc. (Herzog), dismissing Kmart's negligence claims for property damage to one of its stores. Kmart contends the circuit court erred in determining that the economic loss doctrine barred its negligence claims against Herzog. It argues the doctrine's "other property" exception applies. We disagree and affirm.

BACKGROUND

¶2 The material facts are undisputed. Kmart operates retail stores throughout the United States, and Herzog is a commercial roofing contractor. In 2004, Kmart contracted with Herzog to…