Moransais v. Heathman, 96-03552

• Decision Date: 03 December 1997
• Docket Number: No. 96-03552,96-03552
• Citation: 702 So.2d 601
• Parties: 22 Fla. L. Weekly D2726 Philippe H. MORANSAIS, Appellant, v. Paul S. HEATHMAN, an individual, Bromwell & Carrier, Inc., a Florida corporation, Lennon D. Jordan and J. Larry Sauls, Appellees.
• Court: Florida District Court of Appeals

Page 601

702 So.2d 601

22 Fla. L. Weekly D2726

Philippe H. MORANSAIS, Appellant, v. Paul S. HEATHMAN, an individual, Bromwell & Carrier, Inc., a Florida corporation, Lennon D. Jordan and J. Larry Sauls, Appellees.

No. 96-03552.

District Court of Appeal of Florida Second District.

Dec. 3, 1997.

Paul L. Huey of Bush, Ross, Gardner, Warren & Rudy, P.A., Tampa, for Appellant.

C. Geoffrey Vining of C. Geoffrey Vining, P.A., Lakeland, for Appellees.

PER CURIAM.

Philippe H. Moransais appeals the trial court's dismissal with prejudice of his negligence action against two engineers, Lennon D. Jordan and J. Larry Sauls. We affirm the dismissal because this negligence action is barred by the economic loss rule. In light of a probable conflict between this decision and Southland Construction, Inc. v. Richeson Corp., 642 So.2d 5 (Fla. 5th DCA 1994), and given the continuing uncertainty surrounding the economic loss rule, we certify the following question to the supreme court as an issue of great public importance:

WHEN THE ALLEGED DAMAGES ARE PURELY ECONOMIC, CAN THE PURCHASER OF A RESIDENCE, WHO CONTRACTS WITH AN ENGINEERING CORPORATION FOR A PRE-PURCHASE INSPECTION, MAINTAIN A PROFESSIONAL NEGLIGENCE ACTION AGAINST THE LICENSED ENGINEER WHO PERFORMED THE INSPECTION AS AN EMPLOYEE OF THE ENGINEERING CORPORATION ?

In June 1993, Moransais contracted to purchase a home in Lakeland, Florida, from Paul S. Heathman. The contract contained a standard inspection clause, and Moransais contracted with Bromwell & Carrier, Inc. (BCI), an engineering corporation, to perform an inspection of the home before he purchased it. This "Contract for Professional Services" was performed on a time and materials basis with a budget of $600. The contract contained a clause limiting the corporation's liability to $50,000. It was signed for the corporation by Lennon D. Jordan, as chief of the civil engineering division.

Mr. Jordan and Mr. Sauls performed this inspection in June 1993. Their report reflects some limited concern about the foundation, but contains no significant disclosures concerning the air conditioning system, the electrical system, or the roof. Moransais alleges that he relied on this report when he purchased the home. Thereafter, he discovered defects in the home that allegedly render it uninhabitable. ¹

Moransais filed a lawsuit against Mr. Heathman alleging breach of contract and fraud. He also sued BCI for breach of contract and included counts against Mr. Jordan and Mr. Sauls for professional negligence as engineers licensed pursuant to Chapter 471, Florida Statutes (1993). The complaint alleges no bodily injury or property damage. Moransais' damages fall within the definition of "economic loss" contained in Casa Clara Condominium Ass'n v. Charley Toppino and Sons, 620 So.2d 1244 (Fla.1993).

The trial court dismissed the negligence action against the two engineers based on its conclusion that our decision in Sandarac Ass'n v. W.R. Frizzell Architects, 609 So.2d 1349 (Fla. 2d DCA 1992), compelled dismissal, but questioned whether provisions in Chapter 471 should allow a different result. The trial court also indicated that it would not have dismissed the action if it were allowed to follow the Fifth District's decision in Southland Construction, 642 So.2d 5.

As we observed in Sandarac, the economic loss rule is largely a restatement of the traditional common law rule that negligence law is intended primarily to protect interests concerning the safety of one's person and property. Those interests are usually ones that people have no opportunity to protect in private contracts.

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