Submitted: October 8, 2019
Defendant Eagle Eye Home Inspections, LLC's Motion for
Partial Summary Judgment as to Count III of the Complaint
Christopher H. Lee, Esquire, Blake Bennett, Esquire, Dean
Roland, Esquire, Cooch & Taylor, P.A., Wilmington,
Delaware, Attorneys for Plaintiff Alison Iavarone.
Callaway, Esquire, Salmon, Ricchezza, Singer & Turchi,
LLP, Wilmington, Delaware, Attorney for Defendant Eagle Eye
Home Inspections, LLC.
Andrea L. Rocanelli, J.
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").Plaintiff opposes Eagle Eye's
AND PROCEDURAL BACKGROUND
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").
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.
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.
Eye filed the pending motion on April 8, 2019, and the Court
heard oral argument on September 17, 2019.
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." 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. At the motion for summary judgment ...