Shareholder, Marc Jaskolka, co-authored an article on anchoring strategies in the most recent edition…
David Wilson and Chris Mauck obtained a favorable jury verdict on behalf of the Defense in a home inspection case. The Plaintiff hired David and Chris’s client to inspect a home that she was considering purchasing. The home inspector identified cracks in the sheetrock and tile. He told the Plaintiff that he did not feel that the cracks were foundation related based on the character of the cracks. The Plaintiff moved forward with the purchase of the home despite these issues.
Two years later, the Plaintiff filed suit against the home inspector, alleging that he had missed cracks in the brick veneer of the home. She was having remodeling done when floor coverings were removed and a large crack in the concrete slab was discovered. Plaintiff further alleged that the foundation of the home was compromised and would require tens of thousands of dollars’ worth of expensive repairs, according to three foundation repair companies.
Our client admitted he made a mistake by not including the veneer crack. The Defense consulted two structural engineers to evaluate the foundation of the home. The engineer determined the cracks had appeared twenty years prior after completion of construction and found no structural issues with the home.
Before trial, the Plaintiff made a six-figure demand. The case was tried before a jury in Cullman County over the course of two days. In closing, David and Chris pointed out that the evidence indicated that the home was structurally sound. They did admit, however, that their client had missed the cracks in the brick veneer. The cost to repair those cracks was $400. The Defense suggested that this would be a fair verdict. The jury agreed with the Defense’s position. After forty minutes of deliberation, the jury returned a verdict in the amount of $400.