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Attorneys obtained summary final judgment in an action by a contractor against our client, a window manufacturer, based on the Economic Loss Rule

Attorneys obtained summary final judgment in an action by a contractor against our client, a window manufacturer, based on the Economic Loss Rule. Plaintiff, a homebuilder, was not in privity of contract with the manufacture, but rather a subcontractor installed the windows that it procured from the manufacturer. Plaintiff sought to recover damages for repairs Plaintiff had made under warranty claims by the homeowners, based on a theory of strict product liability, by arguing that our client's windows leaked causing damage to surrounding areas of the house. In our motion, we successfully argued that under Florida law when a component part is integrated into a finished product, damage caused by the component part to the larger product is economic loss only and not damage to "other property" to overcome the Economic Loss Rule.

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