Bailey v. Gammell

Durham, A.C.J.

In a personal injury action, Brad Bailey appeals from a trial court's order of summary judgment for Jeanne Gammell and denial of Bailey's motion for reconsideration. Bailey contends the Restatement (Second) of Torts §§ 353, 373 (1965) provide bases for liability against Gammell because vendors of property are liable to third parties for injuries sustained due to certain defects in the property existing at the time of sale. Bailey also contends issues of material fact exist.

In October 1976, Gammell sold her home to Ron Knutsen. She had lived in the home for 2 years. Within a…