MINNEAPOLIS (Legal Newsline) — A group of homeowners is suing Simonton home improvement businesses, alleging distribution of substandard windows.
Lisa Kiefer, Adam Arvig, Lynette Andersen, Sheri Squillace, Justin Smith, Joan Corby and the Koch Family Trust filed a class action complaint, individually and on behalf of all others similarly situated, Oct. 17 in U.S. District Court for the District of Minnesota against
Simonton Building Products LLC, formerly known as Simonton Building Products Inc., and other related companies, alleging breach of warranty, design defect, failure to warn, fraud, liability, negligence, product liability, and unjust enrichment.
According to the complaint, the plaintiffs own houses whose windows were manufactured and sold by the defendants. The suit says the insulated glass or two-pane windows have failed to serve their purpose and have shown defects early on.
The lawsuit states these defects include internal condensation, corrosion of the metallic films and/or improper glass preparation leading to visible finger prints and smudges. The suit says the plaintiffs suffered inconvenience, aggravation, loss of use of their windows and/or other damages.
The plaintiffs allege the defendants failed to disclose to customers the defects of their products or warn them of the known risks of their future failure. The lawsuit states the defendants failed to deliver quality products as attested through their advertising and warranties, and caused the plaintiffs expenses by requiring them to pay for labor to remove and replace failed windows and to hire transportation to pick up replacement windows for shipment that is not part of the warranty.
The plaintiffs seek trial by jury, to certify and maintain the case as a class action, damages, declaratory relief, court costs, expenses, disbursements, attorney fees, interest, and equitable relief as the court deems just. They are represented by attorneys Alex M. Nelson and Michael J. Lowder of Benson, Kerrane, Storz & Nelson PC in Bloomington, Minnesota.
U.S. District Court for the District of Minnesota Case number 16-cv-03540