CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.
In the Bayside Holdings, Ltd. v. Viracon, Inc., case, Bayside installed hurricane-resistant windows manufactured by our client Viracon. Shortly after installation of the windows, Bayside alleged cracking and delamination occurred in some of the windows. Nine years after it noticed the alleged defects, Bayside filed suit against Viracon alleging breach of contract, breach of warranty, fraud, negligent misrepresentation and negligence. At the trial court level, Viracon prevailed on a motion for summary judgment. At the appellate level, Bayside only chose to appeal dismissal of its breach of warranty claims. The Eighth Circuit concluded, similar to the trial court, that all breach of warranty claims were barred by the statute of limitations. Accordingly, our summary judgment victory was affirmed on appeal.
Viracon was represented by Bowman and Brooke Minneapolis Partners Richard G. Morgan and C.J. Schoenwetter, and Associate Michael R. Carey.
Bayside Holdings, Ltd. v. Viracon, Inc., File No. 12-2263, 2013 WL 949885 (8th Cir. March 13, 2013).