Naparala v. Pella Corp.

153 F. Supp. 3d 884, 2015 U.S. Dist. LEXIS 170528
Procedural entryThis page is a short order in Naparala v. Pella Corp.. Read the opinion of the Court — 106 F. Supp. 3d 715
District Court, D. South Carolina·Decided December 22, 2015·No. Nos. 2:14-mn-00001-DCN, 2:14-mn-03465-DCN·Published

Opinion

ORDER

DAVID C. NORTON, UNITED STATES DISTRICT JUDGE

This matter is before the court on defendant Pella Corporation’s (“Pella”) motion for partial summary judgment. For the reasons set forth below, the court grants Pella’s motion and dismisses ’ Naparala’s fraudulent concealment claim, unjust enrichment-claim, and breach of express warranty claim to the extent it is based on [887]*887non-written warranties outside of Pella’s limited warranty.

I. BACKGROUND

Plaintiff Ted Naparala, Sr. (“Naparala”) began construction of his new home in September 2005. Def.’s Mot. Ex. 1, Naparala Depo. 19:24-25. He purchased Pella ProLine and Architect Series windows on August 25, 2005 from a Menard’s retail store in Wisconsin and he and his son personally installed them in his home in November 2005. Id. at 35:11 — 14; Def.’s Mot. Ex. -3. He and his family moved into the home in February 2006. Id. at 20:6. Prior to purchasing the windows, Naparala contends that he had a discussion with a Menard’s salesperson, read brochures regarding Pella windows, and saw a couple of advertisements on TV regarding Pella windows. Id. at 22:2-25; 38:17-28. Naparala testified that a Menard’s salesperson told him that the windows were “good windows.” Id. at 22:2-4; 26:6-7.

In 2006, Naparala began observing moisture problems with the windows and contacted Pella. Id. at 44:15-25. Naparala testified that all of the rooms in his home were affected by the moisture problems. Id. at 31:14. Specifically, Naparala testified that there was “[m]oisture on the inside of the windows” and that “[i]n real cold weather they actually had frost on them.” Id. at 31:16-17. Naparala made a service claim under the limited warranty. Id. at 44:19-45:1. On March 23, 2006, VerHalen, Inc., an independent. distributor of Pella products, sent a service technician to investigate Naparala’s claim. Def.’s Mot. Ex. 5. The technician indicated that the windows were not sealing properly and adjusted the cranks on the windows so that they would crank tighter. Id. at 44:19-45:1.

According to Naparala’s testimony, the technician did not specifically say that- the problem was fixed, but Naparala assumed that it was Id. at 65:21-66:4. Naparala testified that every year after the original service call he experienced water damage due to excessive moisture. Id. at 63:10-14. When asked whether he “believed that [he] still had a problem with the windows” “when [he] started seeing the water damage due to excessive moisture beginning to occur” every fall, Naparala answered in the affirmative. Id. at 65:1-11. In December 2013, Naparala contacted Pella to submit a warranty claim. Id. at 45:8-25. On January 27, 2014, a service technician from VerHalen, Inc. visited Naparala’s home and denied warranty coverage, concluding that the issue with the windows was caused by excess humidity in the home. Def.’s Mot. Ex. 6.

On May 20, 2014, Naparala filed a class action complaint against- Pella in the United States District Court for the Eastern District of Wisconsin, alleging jurisdiction based on the Class Action Fairness Act of 2005, 28 U.S.C. § 1332(d). The complaint brings the following nine causes of action: (1) violation of the Wisconsin Deceptive Trade Practices Act (‘WDTPA”); (2) negligence; (3) breach of implied warranty of merchantability; (4) breach of implied warranty of fitness for a particular purpose; (5) breach of express warranty; (6) fraudulent concealment; (7) unjust enrichment; (8) violation of the Magnuson-Moss Warranty Act (“MMWA”); and (9) declaratory relief. Naparala alleges that the windows suffer from various design deficiencies, including “a defect in the design of the sill extrusion and sill nailing fin attachment as well as a defect in the design of allowing a gap between the jamb gasket and the sill gasket.” Compl. ¶ 46. According to Napar-ala, these defects cause leaks and allow water to be “trapped between the aluminum and the operable wood frame causing damage to the Windows and other property within the home.” Id. Naparala alleges [888]*888that Pella was or should have been aware that its windows were defective and that Pella concealed its knowledge of repeated product defects. Id. ¶¶ 50, 52.

On August 15, 2014, the United States Panel on Multidistrict Litigation transferred the case to this court as part of the consolidated multidistrict litigation. Pella filed a motion to dismiss on September 15, 2014. Naparala opposed the motion on October 21, 2014, and Pella replied on November 7, 2014. After the court issued an order on Pella’s motion to dismiss on May 19, 2015, Naparala’s only remaining claims are for: (1) breach of express warranty; (2) fraudulent concealment; (3) unjust enrichment; and (3) violation of the Magnuson-Moss Warranty Act.

On October 2, 2015, Pella filed the instant partial motion for summary judgment, seeking judgment on Naparala’s claims for fraudulent concealment, unjust enrichment, and breach of express warranty, to the extent the claim is based on extra-contractual representations outside of the Pella limited warranty. Naparala responded on October 19, 2015. In his response, Naparala stated that he was willing to stipulate to the dismissal of his unjust enrichment claim and breach of express warranty claim to the extent it relies upon extra-contractual representations outside of the limited warranty. Resp. 1. Therefore, the only remaining claim at issue in Pella’s motion for summary judgment is Naparala’s fraudulent concealment claim. Pella filed a reply on October 29, 2015. The motion has been fully briefed and is now ripe for the court’s review.

II. STANDARDS

Summary judgment shall be granted “if the movant shows that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). “Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). “[Sjummary judgment will not lie if the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Id. “[A]t the summary judgment stage the judge’s function is not himself to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial.” Id. at 249, 106 S.Ct. 2505. The court should view the evidence in the light most favorable to the non-moving party and draw all justifiable inferences in its favor. Id. at 255, 106 S.Ct. 2505.

This case is predicated on diversity jurisdiction and was filed in federal court, so it is governed by state substantive law and federal procedural law. Shady Grove Orthopedic Assocs., P.A. v. Allstate Ins. Co., 559 U.S. 393, 416, 130 S.Ct. 1431, 176 L.Ed.2d 311 (2010) (citing Hanna v. Plumer, 380 U.S. 460, 465, 85 S.Ct. 1136, 14 L.Ed.2d 8 (1965)). “In multidistrict litigation, the law of the transferee circuit governs questions of federal law.” In re KBR, Inc., 736 F.Supp.2d 954, 957 (D.Md.2010) modified on reh’g sub nom.

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Naparala v. Pella Corp., 153 F. Supp. 3d 884, 2015 U.S. Dist. LEXIS 170528 (D.S.C. 2015).

153 F. Supp. 3d 884 (Naparala v. Pella Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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