· 9/9/2003
Carstens v. City of Phoenix
Citations
- 75 P.3d 1081
- 206 Ariz. 123
- 408 Ariz. Adv. Rep. 9
- 2003 Ariz. App. LEXIS 145
- 2003 WL 22076612
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- arguing that Salt River supports applying doctrine to bar homeowners’ claim for economic losses from construction defects
- holding that homebuyers who relied on seller’s representations that all material defects in home had been disclosed could not be considered to have been in the “care” of city inspectors who inspected the home for latent defects.
- “The economic loss rule bars a party from recovering economic damages in tort unless accompanied by physical harm, either in the form of personal injury or secondary property damage.”
- economic loss rule applies even when the plaintiff has no contract claim against the specific defendant and application of the rule would therefore leave the plaintiff without a remedy
- “Thus, in a case where an inspector’s gross negligence leads to personal injury or property damage, the 27 inspector would be liable in tort and those tort-based damages would be recoverable.” (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Judges: Weisberg, Lankford, Irvine
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.