And The Defense Wins

Gentry Burke — Wed, 06 May 2009 16:00:00 GMT

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.

6-May-09 11:00 AM

Hays McConn - Articles

And The Defense Wins