Terrance Gaughan, Allison Gaughan v. AOC Construction Inc., Suntrek Industries
Published: Sep. 15, 2012 | Result Date: Jun. 18, 2012 | Filing Date: Jan. 1, 1900 |Case number: 37-2011-00054073-CU-OE-NC Verdict – Defense
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Roland Allen
(technical)
David G. Freedman
(Law Office of David G. Freedman)
(technical)
Facts
Allison and Terrance Gaughan had Suntrek Industries install a solar heating system on the roof of their residence to heat their pool water. AOC Construction Inc. was hired to install a large deck on their property. From 2008 to 2009, the Gaughans experienced water intrusion in a variety of locations. The Gaughans sued AOC and Suntrek for breach of implied warranty, breach of contract, and negligent installation.
AOC did not appear at trial and a default judgment was entered.
The Gaughan's claims for breach of implied warranty and breach of contract were both dismissed on Suntrek's motion for a directed verdict. The matter went to the jury on negligent installation only. The Gaughans argued that Suntrek improperly installed the solar system by making 16 penetrations to the roof. The plaintiffs asserted that there should not have been any holes drilled.
Suntrek argued that the system was properly installed. It asserted that the system was designed to be installed by penetrating the roof and all the penetrations were properly sealed.
Damages
The Gaughans sought $70,000 in damages, plus an unspecified amount for repairs to their house.
Result
The jury ruled in favor of Suntrek.
Deliberation
1.5 days
Length
six days
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