After a 6 day trial in Federal District Court (Tacoma), an 8-person jury returned a defense verdict for partner Lori O’Tool. Lori was defending a high end window manufacturer against UCC-based warranty claims brought by a general contractor concerning 7 vacation homes built on the Washington coast. The general contractor asserted a 6-figure claim associated with repairs and consequential damages from alleged leaking windows. The window manufacturer testified that through its sales and service technicians it had fully addressed all of the general contractor’s warranty claims. Additionally, its expert testified that the windows and surrounding building envelope components were not installed correctly and were the source of any leaks into the vacation homes. After deliberating for approximately 1/2 a day, the jury answered “No” to the question of whether the window manufacturer had breached its warranty to the general contractor and did not award any damages to the general contractor.
May 11th, 2010|News|