Torts Keyed to Epstein
Casa Clara Condominium Association, Inc. v. Charley Toppino & Sons, Inc
Plaintiff was a condominium association, which hired Defendant to supply concrete to its buildings. The concrete contained too much salt, which in turn caused reinforcing steel inserted into the concrete to rust. This ultimately caused the concrete to crack and fall off. Plaintiff sued Defendant for a common law breach of implied warranty, products liability, negligence, and violation of building codes. The circuit court dismissed all counts. Defendant did not violate building codes, because it was only a supplier. Applying the economic loss rule, the court of appeals held that because no person or property was injured, there was no cause of action against Defendant. Plaintiff appealed.
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