Hirsch v. Optima, Inc.

PRESIDING JUSTICE MURPHY

delivered the opinion of the court:

After plaintiff, Judith Hirsch, purchased a townhouse from defendant John Kelsey in 2002, the basement flooded. On April 18, 2005, plaintiff sued Kelsey, the seller of the townhouse; Coromandel Town Home Association, the homeowner’s association; and Optima, Inc., the builder. The trial court dismissed with prejudice plaintiffs case against Optima but later granted in part plaintiffs petition under section 2—1401 of the Code of Civil Procedure (735 ILCS 5/2—1401 (West 2006)) based on newly discovered evidence. On appeal, Optima argues…