Gawara
Gawara v. United States Brass Corp.
Opinion
Opinion
Kremer, J.
This litigation involves polybutylene plumbing which was installed in homes in Briarwood Pointe (Briarwood) and leaked in the majority of the homes. A jury awarded the Briarwood homeowners $316,977 in compensatory damages against the manufacturers and sellers of the plumbing parts and plumbing system (United States Brass Corporation (U.S. Brass), Admiral Marine Products Company (Admiral Marine)) and the manufacturers of the raw materials to make the system components (Shell Oil Company (Shell), Hoechst Celanese Corporation (Celanese)) on theories of strict liability, fraud (except as to Admiral Marine), breach of warranty and negligence. The jury also awarded the homeowners $317,000 in punitive damages. The developer of Briarwood, Coles Development Company, Inc. (Coles), which had settled with the homeowners and cross-complained against the remaining defendants, prevailed on its claims for implied indemnification and fraud (except no fraud finding was made against Admiral Marine). The jury awarded Coles punitive damages of $48 million which was later reduced to $2 million after Coles accepted a remitter reducing the award in lieu of the court’s granting a new trial on the…