Date: 03-06-2010

Case Style: Bob and Jane Cull v. Perry Homes and Warranty Underwriters Insurance Co.

Case Number:

Judge:

Court: District Court, Tarrant County, Texas

Plaintiff's Attorney: Van Shaw, The Law Offices of Van Shaw, Dallas, Texas

Defendant's Attorney:

Description: Bob and Jane Cull sued Perry Homes and Warranty Underwriters Insurance Co. on breach of contact theories claiming that 2,900-square-foot, four bedroom house that they bought in 1996 near Walnut Creek Country Club suffered from numerous construction defects and deficiencies that Defendants refused to remedy despite demands made by them. Plaintiffs claimed that they first started noticing cracking in the foundation the winter after they moved into the house but were told that it was just normal settlement. Cracks kept appearing in the walls, doors and window jams of the $234,000 house as it continued to shift.

Plaintiff's filed suit and were forced into arbitration by Perry Homes and Warranty Underwriters Insurance Co. with a resulting arbitration award of $800,256, which Defendants appealed. The Texas Supreme Court reversed and sent the case back to Tarrant County for jury trial.

The defenses asserted by Defendants are not available.

Outcome: Plaintiffs' verdict for $58 million including $7.1 million in actual damages and $40 million in punitive damages.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Note: This case is a long way from being over.