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April 30th, 2009 – Eppsteiner Law, APC and Milstein, Adelman & Kreger Report Class Action Lawsuit For Defective Windows Certified Against Pella Subsidiary

In a decision released April 10, 2009, Judge Carter Holly of the California Superior Court San Joaquin County certified a Class Action lawsuit against a Pella Corporation subsidiary.

The lawsuit alleges that windows manufactured by Pella Corporation subsidiary Viking Industries are defective and leak in their lower corners. Pella bought Viking in 1998. Surprisingly, Viking’s own experts found that 43% of the windows leaked. Plaintiffs estimate the total number of windows sold is in excess of 1.2 million.

The Plaintiffs’ window experts reported that 61% of the windows they tested leaked and testified that to a “reasonable engineering certainty” those windows that had not yet leaked would during their expected useful life. In court documents, the Pella subsidiary’s experts declared that 43% of the windows they tested leaked even when tested at a lower performance standard than was promised by Viking. The Plaintiffs’ attorneys pointed out that projecting Pella’s subsidiary experts’ opinion of a 43% leak rate onto all of the windows means that between 336,000 and 696,000 of the windows leak. Pella and its subsidiary have been aware of its expert’s 43% leak rate since its spring 2008 investigation.

Counsel for the Plaintiffs, Stuart Eppsteiner, reports that on April 3, 2007, Plaintiffs requested that Viking address the problems with the windows. It never responded.

Eppsteiner stated: “Pella advertises how good its products are and that it has the ‘Highest customer satisfaction among window and door manufacturers. Two years in a row.’ However, in my opinion these claims are contradicted by the Pella subsidiary’s refusal to replace the defective windows. This is especially true given that the windows had a Lifetime Warranty and Viking’s own experts admitted in sworn testimony that 43% of the 1.2 million windows leaked.”

According to the Plaintiffs attorney, representing homeowners, Pella’s subsidiary has a potential liability of several hundred million dollars.

Stuart Eppsteiner of Eppsteiner Law, APC in San Diego, and Paul Stevens of Milstein, Adelman & Kreger in Santa Monica represent the plaintiffs. Kevin Cody of Ropers Majeski and Paul Gary, Esq. represent Viking.

Homeowners can find more information by visiting our Viking Window Class Action Lawsuit page.

April 2009 – Eppsteiner and Fiorica and Milstein, Adelman & Kreger Report Lawsuit Certified as Class Action Against Pella Subidiary, Viking Industries

In a decision released April 10, 2009, Judge Carter Holly of the California Superior Court for San Joaquin County certified a Class Action lawsuit (case number CV025771) against Pella Corporation subsidiary Viking Industries.

Los Angeles, California April 22, 2009 — In a decision released April 10, 2009, Judge Carter Holly of the California Superior Court for San Joaquin County certified a Class Action lawsuit (case number CV025771) against Pella Corporation subsidiary Viking Industries.

The class action was taken by all persons who own buildings in California that contain Viking Series 3000 fixed, hung, and sliding aluminum windows sold by Pella’s subsidiary, Viking Industries, between 1989 and 1999. The class action lawsuit covers windows installed as part of original construction and windows purchased from retailers and dealers. It alleges that windows manufactured by Pella Corporation subsidiary Viking Industries are defective and leak in their lower corners. It, therefore, seeks to recover the cost to replace the defective windows.

The plaintiffs estimate the total number of defective windows to be in excess of 1.2 million, installed in approximately 100,000 homes and businesses in California. The windows were largely sold through Home Depot, Home Base, and Yardbirds stores.

Stuart Eppsteiner of Eppsteiner Law, APC, and Paul Stevens, of Milstein Adelman & Kreger are counsel for the plaintiffs.

According to the plaintiffs’ attorneys, Pella’s subsidiary has a potential liability of $720 million. Pella bought Viking Industries in 1998 and is to respond to Viking window owners’ service requests. Stuart Eppsteiner reported, “There is no Viking website, 800 number, or local telephone number for Viking Industries. Effectively Viking homeowners cannot find or communicate with Viking and don’t know that Pella is involved. This lawsuit is the solution for these homeowners.”

Home Depot is also a defendant, as plaintiffs’ counsel understands Home Depot was the top reseller of the Viking Series 3000 windows.

“We will work diligently toward a fair, just, and expeditious resolution of this matter, and hope that Viking and Pella will do likewise to assure their customers’ highest satisfaction,” said Eppsteiner.

Stuart Eppsteiner, Esq., Eppsteiner Law, APC, located in San Diego, and Paul Stevens, Esq., Milstein, Adelman & Kreger, LLP, located in Santa Monica, represent the plaintiffs. Kevin Cody, Esq., Ropers Majeski, San Jose, and Paul Gary, Esq., Paul Gary & Associates, Portland, Oregon represent Viking Industries.

For more information about the lawsuit, visit our Viking Window Class Action Lawsuit page.

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