Geertz v. Ausonio

Mar 26, 1992

OUTCOME: Plaintiff won the appeal -- case then settled

This was a construction defect/statute of limitations issue involving patent defects. The Court of Appeal held that if a reasonable inspection would have revealed only the manifestation of a defect bu ... t not its cause (i.e., the construction defect itself), the defect is not necessarily patent. This ruling overturned the trial court's summary judgment and allowed the case to go forward. The case then settled.