Steven L. Gallaher v. Milgrad Mfg./High Sierra Glass
Published: Apr. 24, 1999 | Result Date: Jan. 7, 1999 | Filing Date: Jan. 1, 1900 |Case number: 97AS00931 – $0
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jan E. Swaney
(technical)
Steven Gallaher
(technical)
Defendant
Ted Hart
(technical)
Randy Zumalt
(technical)
Facts
In approximately August 1994, plaintiffs purchased a set of dual-pane aluminum frame windows from a local glazier, High Sierra Glass (HSG), for installation in approximately 4,000 sq. ft. residence that sits atop the Sierra mountains overlooking Donner Lake. Milgard manufactured the windows sold by HSG. The home, at its location, is subject to severe wind and weather conditions. Over the course of several winters, the original plus three replacement sets of windows installed by Milgrad continued to leak and to deflect under the severe conditions. Water intrusion caused resultant property damage to the walls, floor, floor coverings, and home furnishings.
Settlement Discussions
The plaintiff issued a settlement demand for $125,000. The defendant made a C.C.P. º998 offer for $37,501.
Damages
Repair costs represented to the jury in the amount of approximately $185,000. The plaintiff's claim for emotional distress was dismissed. The plaintiff also submitted a claim for loss of use in an amount approaching $55,000.
Injuries
Residuals
Other Information
The verdict was reached approximately 19 months after the case was filed. By motion in Limine, the court refused instruction and evidence on claims for emotional distress. By nonsuit, the court dismissed claims for nuisance, breach of contract and breach of implied warranties, absent a showing of privity. The court did allow one claim for breach of express warranty based upn defendant's "lifetime guarantee". Additionally, instruction on both negligence and strict liability were submitted to the jury.
Deliberation
10 hours
Length
13 days
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