00-1730 Salbashian v. Matzke, et al.

Listen to this article

Victor Salbashian appeals from the trial court’s decision granting summary judgment, thereby dismissing his claims for negligent construction against Opportunity Homes Inc. (OHI) and Wausau Homes Inc. (Wausau). On appeal, Salbashian argues that the trial court erred by applying the economic loss doctrine to this action. He contends that the foreseeability exception to the doctrine should be applied, as the risk of harm from OHI and Wausau’s conduct was reasonably foreseeable. Salbashian also argues that OHI and Wausau were performing a service by constructing the house in question, and the doctrine does not apply to negligent services. Finally, Salbashian contends that, as a matter of public policy, the doctrine should not apply to home builder negligence. We disagree with Salbashian’s arguments and find that the economic loss doctrine does apply in this case; thus, we affirm the trial court’s grant of summary judgment. This opinion will not be published.

Dist I, Milwaukee County, Manian, J., Per Curiam

For Appellant: Joseph J. Kroening, Menomonee Falls

For Respondent: David A. Krutz, Milwaukee; Reince R. Priebus, Milwaukee; James S. Smith, Brookfield