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Watkins v. Tankersley Construction6/29/2005
unlikely to surface within the time limitation for bringing suit. The Watkins submitted evidence that the abnormal settling of their house was due to the fact that the lot had been filled with biodegradable materials, such as tree stumps and roots, when the lot was developed, and that the biodegradable material decayed over time and ultimately resulted in the house settling unevenly. Assuming the truth of these allegations, which we must at this point, then it is most likely that the damage to the house would not be discoverable until the four-year time limitation had run, leaving the Watkins with no recourse against any negligent party. Nevertheless, where the statute is clear, we must apply it as written, even if the result is harsh. As such, we must find that the Watkins' lawsuit is barred under Tennessee Code Annotated ยง 28-3-202.
The decision of the trial court is affirmed. Costs on appeal are to be taxed to Appellants Rick Watkins and Ellen Watkins, and their surety, for which execution may issue, if necessary.
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