Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Iavarone v. Eagle Eye Home Inspections, LLC

Superior Court of Delaware

November 4, 2019

ALISON IAVARONE, Plaintiff,
v.
EAGLE EYE HOME INSPECTIONS, LLC, DDTM REALTY LLP, d/b/a KELLER WILLIAMS REALTY, and ELIZABETH VASILIKOS Defendants.

          Submitted: October 8, 2019

         Upon Defendant Eagle Eye Home Inspections, LLC's Motion for Partial Summary Judgment as to Count III of the Complaint GRANTED

          Christopher H. Lee, Esquire, Blake Bennett, Esquire, Dean Roland, Esquire, Cooch & Taylor, P.A., Wilmington, Delaware, Attorneys for Plaintiff Alison Iavarone.

          Justin Callaway, Esquire, Salmon, Ricchezza, Singer & Turchi, LLP, Wilmington, Delaware, Attorney for Defendant Eagle Eye Home Inspections, LLC.

          MEMORANDUM OPINION

          Hon. Andrea L. Rocanelli, J.

         Defendant Eagle Eye Home Inspections, LLC ("Eagle Eye") has moved for partial summary judgment limiting Eagle Eye's liability, if any, to the cost of the services that Eagle Eye performed for Plaintiff Alison Iavarone ("Plaintiff").[1]Plaintiff opposes Eagle Eye's motion.

         FACTUAL AND PROCEDURAL BACKGROUND

         On June 19, 2017, Plaintiff purchased residential property in Rehoboth Beach, Delaware ("Property"). Prior to closing, Plaintiff contracted with Eagle Eye to perform a standard visual home inspection of the Property and to provide Plaintiff with a home inspection report. On May 30, 2017, Eagle Eye provided Plaintiff with a copy of Eagle Eye's Inspection Contract Agreement ("Contract"). The Contract, which is approximately one and one-half pages long, provides, in relevant part, that Eagle Eye's liability is "limited to a refund of the fee paid for the inspection and report" and that the limitation on Eagle Eye's liability "applies to anyone who claims damages or expenses of any kind incurred due to the errors or omissions in [the] inspection and report" ("Limitation of Liability Clause").

         The Contract provided Plaintiff with the option of a more exhaustive inspection for a greater fee of $2, 700, and stated that there would not be a limitation on Eagle Eye's liability for the more exhaustive inspection. In addition, the Contract states that the standard visual home inspection "does not include a test on 'Synthetic Stucco' as this is a separate test and contract." Finally, the Contract states that Plaintiff, by signing the Contract, acknowledges that Plaintiff does not want the more exhaustive inspection without the limitation on Eagle Eye's liability. Eagle Eye performed the standard visual home inspection on May 31, 2017.

         Plaintiff alleges that shortly after moving into the Property, Plaintiff learned that the Property suffered from significant water-intrusion problems which resulted in damage to the Property. Plaintiff alleges that the cost of repairs exceeds $100, 000. On May 23, 2018, Plaintiff filed a Complaint alleging that Eagle Eye acted negligently by failing to conduct a sufficiently thorough investigation and by failing to recommend to Plaintiff that Plaintiff should have a stucco-specific inspection performed. The Complaint further alleges that Eagle Eye's negligence caused Plaintiff to purchase the Property without adequate information and that Plaintiff was injured as a result.

         Eagle Eye filed the pending motion on April 8, 2019, and the Court heard oral argument on September 17, 2019.[2]

         LEGAL STANDARD

         The Court may grant summary judgment only where the moving party can "show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law."[3] The moving party bears the initial burden of proof and, once that is met, the burden shifts to the non-moving party to show that a material issue of fact exists.[4] At the motion for summary judgment ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.