KRCL Defense Team Obtains Defense Verdict in Mansions Customs Homes III, LP, et al. v. Subfloor Systems, Inc., et al.

The defense team of Chris Pappas, Darrell Greer, Joseph Mira and Marcy Castanon obtained a hard fought defense verdict in the lawsuit styled Mansions Customs Homes, III, LP, et al.  v. Subfloor Systems, et al. The case was originally called to trial in the 141^st Judicial District Court of Tarrant County, Texas before the Honorable Judge John P. Chupp, which resulted in a mistrial.  The subsequent trial started August 29, 2011, and ended with the jury verdict on September 12, 2011.  The actual damages sought by the Plaintiffs were substantial and originally claimed to be in excess of $20 million.  The actual damages presented at trial by the Plaintiffs were in excess of $6 million, plus attorneys' fees in excess of $1 million.  The jury returned a unanimous verdict, in favor of Subfloor Systems after deliberating for less than 3 hours, and awarded the actual damages and attorneys' fees sought by Subfloor Systems by way of its counterclaims.

The allegations made by Mansions Custom Homes III, LP and various other owners of the apartment projects in question were that Defendant Subfloor Systems failed to exercise proper care in installing the lightweight concrete balconies, asserting claims of common law negligence, breach of implied warranty and breach of express warranty.  The claims asserted by the Plaintiffs sought removal and replacement of all of the lightweight concrete balconies on five apartment projects located in Dallas/Fort Worth, San Antonio, and Tyler, Texas.  By its verdict, the jury determined that Defendant Subfloor Systems did not breach any implied or express warranties to either the general contractor or the owners and found that the percentage of negligence found on the part of the general contractors far exceeded the minimal findings of negligence against Defendant Subfloor Systems with respect to the apartment projects in question.

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