October 6, 1998
Philippe H. Moransais v. Paul S. Heatherman
Case Number(s):
92199
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Summary:

In June 1993 Moransais entered a contract to buy a home in Lakeland from Heatherman. The contract provided for building inspection before closing, performed by two engineers working for Bromwell & Carrier, Inc. Moransais later discovered undisclosed defects that allegedly rendered the home uninhabitable. He sued all the parties, including the two engineers for professional malpractice. The trial court dismissed these malpractice claims, and the Second District Court affirmed. It reasoned that professional malpractice was chiefly meant to address injuries to person or property, and that contractual remedies (in this case, against Bromwell) were the more appropriate way to recover a purely economic loss. The Second District acknowledged a contrary ruling by the Fifth District, and certified the case to the Supreme Court.