Buyer received a report from Home Inspector on June 1 and cancelled Stucco Inspector’s inspection, which was scheduled for the next day. Buyer also hired Cogent Building Diagnostics (“Stucco Inspector”) to perform an invasive stuccospecific inspection to take place on June 2, 2017. Buyer hired Home Inspector to perform a visual home inspection, which Home Inspector completed on May 31, 2017. Buyer made arrangements for two inspections. BUYER’S CLAIMS On May 24, 2017, Buyer and Seller ratified the Sale Agreement which provides that any home inspection reports must be submitted to Seller within 10 days from the ratification date-no later than June 3, 2017. 2 the testimony of expert witnesses, as well as on the grounds that Buyer cannot establish causation. Eagle Eye Home Inspections, LLC, 2019 WL 5692265 (Del. Defendants also seek judgment as a matter of law on the grounds that Buyer cannot prove her case without 1 Previously, this Court issued a decision granting partial summary judgment in favor of Home Inspector on the grounds that the home inspection contract limits Home Inspector’s liability, if any, to the total cost of Home Inspector’s inspection and report. Defendants challenge these expert witnesses and seek orders from the Court precluding their testimony at trial. Deputy for the standard of care for residential real estate agents (“Real Estate Agent Expert”). Buyer has identified two expert witnesses to support her claims: (i) Clayton Ridings for the standard of care for home inspectors (“Home Inspection Expert”) and (ii) Scott A. The parties have filed several pre-trial motions. The case is scheduled for trial to begin on June 29, 2020. Buyer claims the stucco exterior of the house was deficient and has sued several persons and entities involved in the transaction, including the home inspection company Buyer retained, Eagle Eye Home Inspections, LLC (“Home Inspector”) 1 Buyer’s real estate agent, Elizabeth Vasilikos (“Buyer’s Agent”) and the real estate company for which Buyer’s Agent worked, DDTM Realty LLC, d/b/a Keller Williams Realty (“Buyer’s RE Agency”). This case involves residential property sold to Plaintiff Alison Iavarone (“Buyer”) by Jerome O’Neill (“Seller”) in Rehoboth Beach, Delaware pursuant to a written sale agreement (“Sale Agreement”). Reale, Esquire, Margolis Edelstein, Wilmington, Delaware, Attorney for Defendants DDTM Realty d/b/a/ Keller Williams Realty and Elizabeth Vasilikos. Justin Callaway, Esquire, Salmon, Ricchezza, Singer & Turchi, LLP, Wilmington, Delaware, Attorney for Defendant Eagle Eye Home Inspections, LLC. Lee, Esquire, Blake Bennett, Esquire, Dean Roland, Esquire, Cooch & Taylor, P.A., Wilmington, Delaware, Attorneys for Plaintiff Alison Iavarone. N18C-05-217 ALR Submitted: MaDecided: ApUpon Motions in Limine of Eagle Eye Home Inspections LLC, DDTM Realty LLC, d/b/a Keller Williams Realty and Elizabeth Vasilikos DENIED Upon Motions for Summary Judgment of Eagle Eye Home Inspections LLC, DDTM Realty LLC, d/b/a Keller Williams Realty and Elizabeth Vasilikos DENIED ORDER Christopher H. EAGLE EYE HOME INSPECTIONS, LLC, DDTM REALTY LLP, d/b/a KELLER WILLIAMS REALTY, and ELIZABETH VASILIKOS, Defendants. IN THE SUPERIOR COURT OF THE STATE OF DELAWARE ALISON IAVARONE, Plaintiff, v.
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