Tindle v. Pulte Home Corp.

Dist. Ct. did not err in granting defendant-home builder's motion for summary judgment in action by plaintiff (purchaser of defendant's home) seeking recovery for injuries sustained when plaintiff fell into concealed hole in backyard of new home. Vendor of real property is ordinarily not liable for personal injuries sustained subsequent to transfer of property, and plaintiff did not satisfy requirement for exception to general rule under section 353 where plaintiff had reason to know of dangerous condition of backyard due to presence of sink holes in other parts of plaintiff's property, and where plaintiff failed to show that defendant knew or had reason to know of dangerous condition at time of sale of home.