Mich. Court Affirms Verdict, Fee Ruling for EIFS Manufacturer

TROY, Mich. - Michigan's Court of Appeals affirmed a jury verdict for a siding manufacturer on Dec. 20, ruling that the trial court's failure to modify an instruction on negligent production to incorporate plaintiffs' design claims was harmless error. Blackward v. Simplex Products Division, K2, Inc., No. 258138 (Mich. Ct. App.).

The court also affirmed the trial court's grant of $103,748.53 in witness costs and attorneys trial fees for plaintiffs' rejection of case evaluation for settlement purposes.

In 1997, plaintiffs Harry Blackward and D'Anne Kleinsmith sued Simplex Products Division, K2, Inc., and other parties over water and mold damage they …