Riverview Townhomes Owners v. James Hardie
A jury found a manufacturer of fiber cement siding used on a Truckee townhome development 10 percent at fault for the $2.5 million the plaintiff Riverview Townhomes Owners’ Association (plaintiff) suffered in damages from a faulty roof design and installation errors in addition to the failure of the siding products to meet an ordinary consumer’s reasonable expectations. Based on principles of joint and several liability, the manufacturer, defendant James Hardie Building Products, Inc. (Hardie), is obligated to pay the entire judgment minus the 10 percent the jury also attributed to the plaintiff and the $97,211 allowed as an offset from other defendants. On appeal, Hardie contends the jury verdict is fatally inconsistent, the plaintiff’s expert was not qualified to render some of the opinions he offered, and the court erroneously allowed the expert to testify to problems with the manufacturer’s products on other jobs. Finding no prejudicial error, we affirm.
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