Motion to Dismiss – Breach of Warranty

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Civil

WI Court of Appeals – District IV

Officials: Blanchard, P.J., Higginbotham, and Sherman, JJ.

Motion to Dismiss – Breach of Warranty

2014-AP-1117 Alan Goldberg v. Michael DiMaggio

Alan Goldberg, Wendy Goldberg, and the Goldberg Family Trust (collectively, “Goldberg”) appeal a circuit court order that granted Pella Corporation’s motion to dismiss Goldberg’s breach of warranty claim against Pella at the close of the plaintiffs’ case. Goldberg contends that the court erred by dismissing Goldberg’s breach of warranty claim against Pella because: (1) Pella’s warranty established coverage for Goldberg’s claim based on condensation on Pella windows and doors in Goldberg’s home; (2) Pella’s admission that the condensation was not consistent with the proper functioning of its windows and doors established a prima facie case of breach of warranty; (3) there was no evidence to establish that an exclusion to the warranty coverage applied; and (4) dismissal was inconsistent with the court’s decision denying a motion to dismiss Goldberg’s claim against the sellers of the house for failing to disclose the condensation as a defect. We reject these contentions and affirm the circuit court’s order dismissing Goldberg’s claim against Pella.

Decision

Affirmed. Per Curiam.

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Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.