Daniels v. Anderson

SWANSTROM, Judge,

dissenting.

Even if we must accept the magistrate’s supplemental finding as true, it does not support the homeowners’ theory of the cause of the tile breakage. Contraction of the particle board underlayment caused by the adhesive would not produce the result complained of by the Daniels, according to the only expert testimony offered on this subject. This leaves only the testimony of the two experts testifying for Anderson. They attributed the swelling and bowing of the particle board to moisture seeping from a nearby hot tub into wooden flooring and underlayment.