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Fallon & McKinley attorneys Greg Jones and Kim Reppart teamed together in a recent Spokane County Superior Court jury trial with excellent results. Greg and Kim represented a prominent General Contractor who brought indemnity claims against a Manufacturer of a concrete moisture mitigation coating product (Sealant Product). The case arose after the Owner of a newly constructed hospital encountered over 44,000 square feet of flooring failures due to moisture transmission from the concrete slab beneath the flooring. The Sealer Product was advertised, marketed and warranted to reduce the moisture level in the concrete slab to the appropriate level for flooring installation. The General Contractor had purchased and installed the Sealer Product during original construction.
Greg and Kim defended the General Contractor in the underlying lawsuit brought by the Owner. Greg directed a comprehensive investigation that resulted in a determination that the Sealer Product was defective, did not work as advertised, and caused the adhesive/flooring failures. The General Contractor was contractually obligated to the Owner for the defective Sealant Product. Despite being notified, the Manufacturer refused to acknowledge responsibility for the product failure and blamed the flooring failures on Greg and Kim’s client for failing to follow the product installation instructions.
In order to preserve the indemnity claims against the Manufacturer, Greg facilitated a negotiated a settlement with the Owner shortly before the statute of limitations ran. The settlement occurred in November 2010, without participation of the Manufacturer. With the resolve of their client, its insurers, counsel, and experts, Greg and Kim pursued the Manufacturer in order to hold it responsible for its defective Sealant Product.
The indemnity claim ultimately proceeded to trial on October 14, 2013. After a two week trial the Spokane County jury returned a verdict within hours of beginning deliberations. The jury verdict matched exactly what Greg and Kim asked for – an award of $2,141,455.00 in damages.
Fallon & McKinley is proud of Greg and Kim’s fine result and the hard work they put in to accomplish it. Greg and Kim thanked all the staff in the firm who worked diligently in helping them present this complex claim.