Defense Verdict in Window Defect Class Action

Union Square at Broadway Homeowners Association v. Western Pacific Housing – Broadway LLC, et al. (37-2011-00091935- CU-CD-CTL)
Hon. Ronald L. Styn
San Diego Superior

TOPIC: Construction
SUB TOPIC: Construction Defects
FURTHER DESCRIPTION: Product Liability/Negligent Installation

VERDICT: Defense

Plaintiff – John H. Gomez, Deborah S. Dixon (Gomez Trial Lawyers, San Diego); Scott D. Levine (Silldorf & Levine LLP, San Diego).
Defendant – Wallace W. Hammons (Hammons & Baldino LLP, Torrance).

Plaintiff – Mark Meshulam, fenestration, Northbrook, Ill.. Defendant – Pete Cruz, fenestration, Rancho Cucamonga.

FACTS: The class plaintiffs were 260 individual condominium homeowners at the Union Square at Broadway Homeowners Association. Defendant Milgard Manufacturing Incorporated supplied only vinyl windows to the Union Square project. The windows were installed by an unrelated third party subcontractor who subcontracted directly with the developer to install the Milgard products. The developer and all other subcontractors, including the window installer were covered by Developers WRAP insurance policy.
A confidential settlement was reached in 2013 with the WRAP parties and plaintiffs leaving Milgard the sole defendant in the
PLAINTIFF’S CONTENTIONS: Plaintiffs alleged that the vinyl windows designed and manufactured by Milgard and supplied to Plaintiffs were defective in design and manufacture.
DEFENDANT’S CONTENTIONS: Milgard contended that any issues with the vinyl windows were caused by the improper
installation by others or caused by test induced leaks by plaintiffs’ fenestration expert.

DAMAGES: Plaintiffs sought to recover $6,382,802 in damages an undisclosed amount of attorney’s fees from Milgard
for alleged violations California Civil Code Section 896 et seq.
JURY TRIAL: Length, 2.5 weeks; Poll, 10-2; Deliberation, three hours
SETTLEMENT DISCUSSIONS: Prior to trial, plaintiffs’ final settlement demand to Milgard was $5 million. Milgard served a CCP 998 Offer of Compromise in the amount of $370,000, which expired by statute.
RESULT: Defense verdict.
OTHER INFORMATION; The parties conducted several mediations prior to trial.
FILING DATE: May 24, 2011.
RESULT DATE: June 3, 2016