Brown v. Fowler

FOSHEIM, Justice.

This is an action in which plaintiff-appellants Donald W. Brown and Bette L. Brown seek damages for the settling of the basement in their residence. Defendant-respondents are Diamond J. Enterprises (Diamond J), a corporation, which constructed the house, and Jerry D. Fowler, principal shareholder, general manager and president of Diamond J. The trial court granted summary judgment in favor of defendants. We hold that defendants’ negligence or lack thereof presents an issue of fact and therefore reverse and remand for trial.

In early 1972, Diamond J acquired a parcel of land…