Tingler v. Graystone Homes, Inc.
Virginia Supreme Court
834 S.E.2d 244 (2019)
- Written by Jamie Milne, JD
Facts
George and Crystal Tingler (the Tinglers) (plaintiffs) contracted with Graystone Homes, Inc. (Graystone) (defendant) for the construction of a new home. The contract required Graystone to weatherproof the house. However, an inspection upon completion of construction revealed leaks, which Graystone then repaired. Additional leaks were discovered a year later, and again Graystone performed repairs. Neither time did Graystone inspect for mold. A few years later, the Tinglers and their children started experiencing medical problems and hired a home inspector to look for environmental causes. The inspector discovered mold where the earlier leaks had occurred and elevated airborne spores throughout the home. Graystone performed multiple additional repairs. During one repair, an employee removed moldy drywall without standard safety precautions to prevent airborne dispersion and regrowth. A week later, the Tingler family vacated the home because of worsening symptoms. The Tinglers sued Graystone for, among other things, breach of contract for failure to weatherproof the home and negligence based on allegedly negligent construction and repairs. The circuit court dismissed all claims, and the Tinglers appealed to the Virginia Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Kelsey, J.)
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