Years after the manufacturer’s windows were installed on a project, the owner sued the window manufacturer alleging the windows were defective and insisted all be replaced. The owner, however, had discarded the windows before the window manufacturer could determine if they were defective.
“We are happy for our client who did nothing wrong. Justice was done.” – Joshua W. Mermis
The West Mermis team quickly identified the window manufacturer’s best defenses and developed a discovery strategy that would support a dispositive motion. Over the next eighteen months, the West Mermis legal team picked away at the owner’s claims by securing a spoliation instruction and, ultimately, a summary judgment.