Dean v. Barrett Homes, Inc.HOENS, J. In this appeal, the Court considers the application of the economic loss rule and the integrated product doctrine to a claim arising out of the purchase of a resid

State: New Jersey

Court: Supreme Court

Docket No: a-15-09

Case Date: 11/15/2010

Plaintiff: Dean

Defendant: Barrett Homes, Inc.HOENS, J. In this appeal, the Court considers the application of the economic lo

Preview:SYLLABUS
(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).
Dean v. Barrett Homes, Inc. (A-15-09)
Argued January 10, 2010 -- Decided November 15, 2010
HOENS, J., writing for the Court.
In this appeal, the Court considers the application of the economic loss rule and the integrated product doctrine to a claim arising out of the purchase of a residence, from its original owners, which was constructed with an allegedly defective exterior finishing system; and whether and those purchasers should be permitted to pursue a tort remedy against the manufacturer of the allegedly defective product pursuant to the Products Liability Act, N.J.S.A. 2A:58C -1 to -11.
The Appellate Division affirmed. Dean v. Barrett Homes, Inc., 406 N.J. Super. 453 (2009). The panel concluded that the economic loss rule precluded recovery because the damages claim was focused on the cost of replacing the product itself. The court also found that the integrated product doctrine precluded a tort -based theory of recovery for damages to other parts of the building

Download a-15-09.opn.pdf