November 2007

Tyler Shillito saves homeowners from house flooding
Court awards $115,000.00 for builder breach of warranty
 
November 6, 2007

A Pierce County Superior Court Judge today awarded $115,000.00 to a Puyallup couple who bought a new home from a builder, only to learn after closing that the lot flooded so badly that ducks used it to rest upon.

After a three day trial, the court found that the builder had breached the implied warranty of habitability as the flooding was so severe that serious and expensive efforts would be needed to prevent the home from being destroyed by the seasonal flooding. 

Old-timers from the neighborhood testified that they remembered when the ducks used to light upon the pond that was created on the plaintiffs' lot every winter, and that a homeless man used to live on an island that formed every winter in the middle of the pond.  Photographs were introduced into evidence that showed duck decoys floating lazily on the pond in plaintiffs' back yard.

The court awarded to our clients the entire amount that was demanded at trial.

Our congratulations go to Tyler, who is showing his mettle as an accomplished, fearless young litigator.