Bennett v. Cotton

Plaintiff's tort claims arising out of her husband's construction contract with defendants were barred by the prior arbitration proceeding between her husband and the defendants.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Jan K. Bennett appeals from the trial court’s order granting the motion for summary judgment filed by the defendants in the suit brought by Bennett and her husband, Gus J. Bennett, against Builders II, Inc. and its president, James Cotton, in connection with the construction of their residence. Jan Bennett hereinafter “Bennett” contends the trial court, for a variety of reasons, erred in entering summary judgment and in casting the total cost of the record on her. We find no merit in Bennett’s contentions, and we affirm both the grant of summary judgment and the trial court’s ruling regarding costs of the record.

In Bennett v. Builders II, 237 Ga. App. 756 516 SE2d 808 1999, we affirmed an arbitration award to Gus Bennett against Builders II in connection with the home construction contract. This action was initiated by both Bennetts against Builders II and relates to the same construction. The Bennetts’ present suit was brought in five counts, alleging negligent construction, negligence per se in failure to comply with state and local construction codes, intentional use of defective or substandard materials, deceit in concealing these defects from plaintiffs, intentional fraud, and stubborn litigiousness. The Bennetts sought damages in excess of $100,000, punitive damages, and expenses of litigation. The defendants’ motion for summary judgment was made on the grounds of res judicata and collateral estoppel. Conceding that Bennett was not technically a party to the contract or the prior arbitration proceeding, defendants nevertheless contended that because Bennett is co-owner of the property and actively participated in the arbitration proceeding, she, as well as her husband, should be barred by res judicata and collateral estoppel from proceeding upon this lawsuit based upon the same facts.

Bennett v. Cotton

Plaintiff's tort claims arising out of her husband's construction contract with defendants were barred by the prior arbitration proceeding between her husband and the defendants.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report