Moglia v. McNeil Co., Inc.

NATURE OF CASE

Appellants, Joseph Moglia and Amy Moglia, sued various subcontractors and the contractor, claiming that their home was defectively constructed. Appellants were the second owners of the home. The amended complaint filed January 15,2004, alleged three causes of action as follows: count I, “Breach of Implied Duty to Perform in a Workmanlike Manner”; count II, “Breach of Implied Warranty of Habitability”; and count III, “Negligence.” All appellees filed motions to dismiss under Neb. Ct. R. of Pldg. in Civ. Actions 12(b)(6) (rev. 2003). The district court granted the motions and…