Facts

Plaintiffs Pacific Fresh Company and Dulcich Realty LLC, owners and operators of a seafood distribution facility, hired defendant The Stellar Group as the general contractor during the facility's construction. Defendant West Coast Industrial Flooring Inc. supplied and installed a vapor barrier, manufactured by defendant Sinak Corporation, and epoxy floor covering at the facility that was intended to fix problems with the floor that was installed during the initial construction.

The plaintiffs dismissed Sinak prior to trial. The court bifurcated the case; the phase against Stellar has not yet gone to trial.

PLAINTIFFS' CONTENTIONS:
Pacific Fresh and Dulcich alleged that the vapor barrier and epoxy floor covering did not perform as represented and needed replacement, alleging West Cost and Sinak breached express and implied warranties. The companies also contended that West Coast engaged in intentional and negligent misrepresentations regarding the quality and fitness of the products used. Pacific Fresh and Dulcich further claimed that Stellar Group breached a warranty guaranteeing the performance of the manufacturers' and installers' warranties.

DEFENDANTS' CONTENTIONS:
The defense denied making any misrepresentations or violating any warranties.

Damages

Pacific Fresh and Dulcich sought $301,000.

Result

The jury found against West Coast and awarded plaintiffs $210,000. Post-judgment, the court awarded Pacific Fresh $248,410 in attorney fees and $17,775 in costs.

Other Information

The first phase of the case is currently on appeal. FILING DATE: Nov. 17, 2006.