blank'/> Liberally Lean From The Land Of Dairy Queen: As We Say In The Legal World: Holy Cow

3.01.2010

As We Say In The Legal World: Holy Cow

Talk about a screwed up system: A couple in Mansfield sued Perry Homes because of alleged bad construction issues with their home. Shortly before trial, they invoked an arbitration clause in the contract, went to that arbitration, and were awarded $800,000. Perry Homes, not liking the arbitration award, appealed the case all the way to the Texas Supreme Court which reversed the decision and held that the couple waited too long to seek arbitration. So Perry Homes won the appeal and the case headed back to regular court. (Take a look at this Dallas Morning News story last February implying that contributions by Perry Homes to the Supreme Court campaigns makes the case look sleazy.) But here's the verdict today in Tarrant County against Perry: $58 million. Ouch. Edit: I predict this is going to be a huge national news story within the next couple of days. Credit to the Texas Lawyer's newspaper blog for breaking it first. (And I promise I would subscribe to that paper if it didn't cost $199 a year.)

21 comments:

wordkyle said...

I hope the house at least had granite countertops. ($44 million in punitive damages? What happened to these people??)

Anonymous said...

This is such B.S. In the end it will cost ALL of us more money.

Anonymous said...

Head of Perry Homes donated to all the "justices" on the Texas Supreme Court. They rule against homeowner. For that reason alone, they deserve to win. Perry tried to buy justice, why not put the homeowners on an even playing field?

RPM said...

I bet they never see a nickel of it.

Anonymous said...

You play you pay.

Mr. Mike Honcho said...

Uh huh. Murphree is paralyzed for life. She will see perhaps $3+MM.

Couple is awarded $54MM for winning the lotter... umm, I mean, for a pile of timber and stone they did not like.

Best comment... from the lead Lawyer for the couple; "“I think justice was done,” says Van Shaw, lead counsel for plaintiffs Robert and Jane Cull."

Could he really say that with a straight face?

I understand now why Gordo likes to say, "I hate people."

Mr. Mike Honcho said...

Or explain this to me... from this article, http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202421255531&slreturn=1&hbxlogin=1 you can read that the couple bought the house in 1996 for $233K from Perry Homes, was awarded $800K in arbitration in 2000, and now cashed that back in for $54MM in 2010.

Yup, real estate is a hella good investment.

Anonymous said...

is gov goodhair responsible ?

Anonymous said...

"Jackpot Justice"

You slimeball parasitic lawyers are pretty much responsible for the entire jacked-up mess that has become our legal system.

Yes, if those folks were damaged, let them recover something legally responsible for those damages.

Now explain to us common folk the mentality of you blood-sucking leaches that justifies your making phone calls and filling out forms for $5000/hr.

You, counsellor, are part of the perversion that has become our legal system.

Do you ever feel bad about that?

Anonymous said...

BOO-YAH! Guess he needs to start donating some campaign money to some of the lower level judges also. Now he will have to appeal all the way back to the Supreme Court to get out of paying because he didn't do the right thing in the first place.

Anonymous said...

The Texas Supreme Court DID rule in favor of Perry homes - they overruled the $800,000 arbitration - said the couple waited too late for arbitration so sent the case back to trial - which was what Perry wanted.

But you better be careful what you wish for - who would have thought the jury would decide as they did, in the amount they did? Guess Perry couldn't buy them.

Perry is the one responsible for the Swift Boat Veteran ads, falsely claiming that John Kerry didn't earn his medals in Vietnam.

Karma?
LOL!

Anonymous said...

What acid tones we have. Maybe the company should have just stood behind their work and fixed the house.

Anonymous said...

Amen, 7:54. Standing up and doing the right thing does wonders to fend off lawsuits. The irony here is that Perry Homes will appeal the trial court verdict and if they lose at the court of appeals level, they'll take it to the Texas Supreme Court again. The TSC will find a way to toss the verdict out, mark my words. They have no shame, and Perry's contribution checks don't bounce.

Anonymous said...

Bob Perry, man up and stop making anonymous posts like you did at 11:03. Sounds to me like Perry Homes was the one who gambled and lost. "Jackpot justice" my arse.

Anonymous said...

10:40 " bought the house in 1996 for $233K from Perry Homes, was awarded $800K....Yup, real estate is a hella good investment."

The $800.0 award has more to do with the cost of repairing a faulty original construction. Typically arbitration awards are very realistic. They don’t have the emotion that a jury award has.

All of those blasting Lawyers need to remember it was a group of 12 citizens that made the award - not the lawyers.

Anonymous said...

"Gov goodhair"......I thought it was Gov Light-in-the-Loafers.

Mr. Mike Honcho said...

9:52am... so, $800K to fix a $233K home? Ummm, okay. Maybe that can be reasonable... I really don't know the details, but okay.

How do 12 sane people twist that into a $54MM winning lottery ticket?

I don't care if it was lawyers or judges or jurors or whomever. It is still idiotic.

Anonymous said...

I am not a fan of big court verdicts, but Perry's behavior was egregious, if the accounts are to be believed. Punitive damages are the financial equivalent of beating someone with a baseball bat for being an ass. I think in this case the family would forego some of the damages in exchange for actually getting thirty minutes in a closed room with Perry and a bat.

My Other Brother Darryl

Anonymous said...

good for them. whats the next step?

Anonymous said...

Why is it difficult to understand 12 tried and true would go off the deep end in their frustrations with "business as usual."

Isn't this the same whaco logic the TEA Party mob uses to determine their posters and bumper stickers?

Sometimes you just get fed up with the elites getting their way all the time, by hook and crook.

Anonymous said...

If it goes back to a paid off cort and they lose again maybe they should buy an airplane.Kay just conceeded so you goodhair haters just have one more chance;sand ni---r or old wore ex mayor of Houston.DAGO