This section contains the nature of the case and procedural background.

Casa Clara (P) was a condo association that had the ill fortune of having Charley Toppino (D) supply concrete to their buildings. The concrete contained too much salt which in turn caused reinforcing steel inserted into the concrete to rust which in turn caused the concrete to crack and fall off. Ps sued D for a common law breach of implied warranty, products liability, negligence and violation of building codes. The circuit court dismissed all counts. The appeals court held that because no person or property was injured, there was no cause of action against D in tort. The district court also held that D did not violate building codes as it was only a supplier.

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