Whelan v. Welch

Gardner, Judge:

In this case a homeowner, Thomas E. Whelan, who is not a party on appeal, sued Thomas F. Welch for negligently installing a roof on his home. Welch then sued Masonite Corporation on a third party complaint alleging negligence and breach of warranty. The trial judge directed a verdict for Masonite on the negligence claim, and the jury returned a verdict for Whelan against Welch and for Masonite on the warranty claims. We affirm.

ISSUES

The issues of merit are (1) whether the trial judge erred in directing a verdict for Masonite on the negligence claim, and (2) whether the trial…