MADISON, Wis. (Legal Newsline) - Patricia Hillestad and Jeff Kluin filed a lawsuit April 9 against Windsor Window Company on defective product charges in the U.S. District Court for the Western District of Wisconsin.
The plaintiffs said in a class action complaint that they received defective windows that have degraded prematurely and have failed in other ways. They also allege the installed windows did not follow building codes and standards.
According to the suit, what they call fraudulent behavior in manufacturing and installing has led to the plaintiffs and class members to financial harm. Allegations include that the defendant had knowingly or at least should have known that it was marketing and manufacturing poor quality windows.
They state in the suit because of its experience, the defendant should have known of defects in their product.
Consumers including the plaintiffs had expectations of windows lasting for up to 10 years based on quality assurance indicated through the company's promotional materials. It is also stated in the suit that warranties from the company are unreasonable and include fees for company inspection and other items that discourage warranty claims being sought.
The defendant is charged with gross negligence and breach of an implied warranty, breach of an expressed warranty and violation of the Wisconsin Deceptive Trade Practices Act, among other charges.
The plaintiffs are represented by James Shah of Shepherd, Finkelman, Miller & Shah LLP; and Benjamin Johns, Joseph Kenney and Andrew Ferich of Chimicles & Tikellis LLP.