Gray•Duffy, LLP Obtains Dismissal of Client in Product Liability Lawsuit
February 2014
Overview
Richard Williams of Gray•Duffy’s Redwood City office successfully defended Davis Colors, Inc. in a construction defect lawsuit involving allegedly defective concrete pigment products.Discussion
Paige Rivera v. Leonard Pat Rael, et al. The plaintiff was a homeowner who had several thousand square yards of specially formulated concrete poured around her backyard and swimming pool area. After installation, large cracks began appearing in the concrete. A product liability action was initiated against all involved parties, including Davis Colors, which supplied the pigment for the subject concrete. The plaintiff alleged that the chemical formulation of the pigment negatively affected the integrity of the concrete mix, contributing to the cracking conditions. After several months of litigation and expert analysis, Davis Colors was dismissed from the lawsuit in exchange for a waiver of costs. The plaintiff was never able to prove any causal connection between the cracks in the concrete and the pigment supplied by Davis Colors.Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.