We are proud to announce that we have defeated our plaintiff’s attempt to add a claim for punitive damages against our client in a case where our client sold glass panels to the plaintiff.
The case involved the construction of a $30-million property by the plaintiff, who hired a general contractor to install the windows. The contractor, in turn, hired our client, a large manufacturer of glass panels, windows, and glass doors.
As alleged by our client, the contractor failed to properly measure the frames where the windows were to be placed, resulting in some of the ordered windows not fitting. Our client subsequently refunded the $100,000 deposit they received for the order. The plaintiff sued the contractor and our client, the manufacturer, alleging breach of contract and product defects.
The plaintiff, knowing the contractor lacked financial resources, decided to aggressively pursue the case against the manufacturer. In the process, the plaintiff alleged that the sold windows lacked the required Florida approvals and that this was hidden from him. Based on this theory, the plaintiff asked the court to include a claim for punitive damages in what was basically a contract case.
Our lawyers showed the court plenty of evidence that the plaintiff knew some of the frames lacked approval, because they were custom-made for this project, and approvals are obtained during the project.
The court summarily denied the request to add a claim for punitive damages, stating that even if the plaintiff could prove any breach by our client, this was not an “egregious case that demands damages beyond the regular contract damages.”
As stated by attorney Eduardo A. Maura, “We are happy that the court denied this baseless motion. This is nothing but litigation tactics, an effort to go after the deeper pocket party on a case that has been overly litigated and now is upside down in value.”
For more information concerning product defect claims and contract disputes, contact one of our experienced attorneys in Miami at 305-570-2208.
You can also contact our team directly at: arianna@ayalalawpa.com
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[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].
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