Forced Voluntary Dismissal Of Construction Defect Case

Jim Thomson, II, obtained a voluntary dismissal of a case alleging construction defect against a general contractor based on an unopposed motion for summary judgment. The general contractor argued in the summary judgment motion that the claims for breach of contract and breach of warranties were time barred, while the claim for negligent property damage was precluded based on Idaho’s economic loss rule. Due to the arguments presented, the plaintiff voluntarily dismissed the general contractor.