Court Cites Discovery Rule in Reinstating Homebuyer's Negligence Claim

INDIANAPOLIS - Indiana's Court of Appeals has reinstated a homeowner's personal injury claim against her home's builders, saying the issue of when the owner should have discovered the cause of illnesses blamed on mold exposure must be decided by a factfinder. Brown v. Wasson, et al., No. 87A05-0612-CV-723 (Ind. Ct. App.).

However, the court also held Nov. 21 that the trial court did not err in awarding summary judgment to the builders on breach of warranty, breach of contract and fraud claims related to alleged structural defects and property damage.

Mary Ann Brown filed a complaint in Warrick (Ind.). Circuit …