1233 West Loop South, Suite 1000Houston, TX 77027
Ph: (713) 654-1111 Fx: (713) 650-0027
Las Vegas, Nevada 89123
Ph: (702) 990-8418 Fx: (702) 990-8681
6-May-09 11:00 AM CST
And The Defense Wins
The plaintiffs, Dudley James Stringer and Gildete M. Stringer, sued Rueby Custom Homes, who built and sold a home to them in Kingwood, Texas. The plaintiffs claimed that they should recover damages for breach of warranty, breach of contract and negligence. They sought damages for foundation repair, repair to their house and diminution in value. They contended that they should receive approximately $350,000 in damages. Rueby was successfully represented at trial by DRI members David V. Wilson, II (lead) and Michael M. Gallagher of Hays, McConn, Rice & Pickering in Houston, Texas. Rueby named R-Mac Engineering Company, Inc., the engineer, and Lakeside Plumbing Co., who provided plumbing services, as third-party defendants.
The case proceeded to trial on April 15, 2009. After the second day of trial, the judge granted a directed verdict in Rueby's favor as to all claims. Plaintiffs were represented by the Law Office of Michael A. Hirsch; R-Mac was represented by the Law Offices of Eric Yollick; Lakeside was represented by Kroger Frisby in Houston.
Rueby contended at trial that the plaintiffs had not established foundation damage attributable to the construction and installation of the home. Rueby also argued that activities after the house's construction, such as landscaping and the installation of a pool, caused or contributed to cause the plaintiffs' alleged damages. Plaintiffs' liability expert, Weldon Knight, acknowledged he could not testify regarding the building code applicable to the plaintiffs' residence. Further, following the arguments of counsel, the court excluded the plaintiffs' claim for diminution in value, based on the plaintiffs' untimely disclosure of their appraiser's opinions.
After Plaintiffs rested their case, Rueby then dismissed its claims against R-Mac, the engineer. Rueby and Lakeside Plumbing Co. then both moved for a directed verdict. The court granted the motions for directed verdict on April 16, 2009. The plaintiffs took nothing.
Rating: 5.00 / 5.00
-
1 ratings
•
del.icio.us
digg
facebook
E-mail this article to a friend (requires login).
For additional information on this Newsletter article, please contact:
Gentry Burke
Source: DRI "The Voice"
http://www.imakenews.com/dri/e_article001425565.cfm?x=bftLLhS,bckN6Kwr,w
Related Documents:
Content Tags: newsletter •
Other Recent Articles:
- Hays McConn: Official Sponsor of Cristo Rey Jesuit 10-Aug-10
- Saving The Past 1-Mar-10
- Hays, McConn, Rice & Pickering, P.C. Honored for Its Service Efforts 16-Nov-09
- And The Defense Wins 6-May-09
- Texas Lets Insurers Cover Punitive Damages 1-Jun-08
- Employee Emails Not Protected 1-Jun-08
- Going Through the Motions: Steps to Consider Before Your Notice of Appeal 16-Nov-07
- Limits on Discovery to Arbitrators and Dispute Resolution Providers 16-Nov-07
Return to Comprehensive Legal Articles Search
