ORLANDO, Florida — A man has filed a class-action lawsuit against Pella Corporation, citing alleged breach of implied warranty, breach of express warranty, fraudulent misrepresentation, negligence and unjust enrichment.
Christopher Tracy filed a complaint on Nov. 9 in the U.S. District Court for the Middle District of Florida Orlando Division against Pella Corporation, alleging that the Iowa-based defendant obtained profit through unfair or deceptive trade or commerce.
According to the complaint, the plaintiff alleges that he and other class members were enticed to purchase the defendant's window products, unaware then of a latent defect that allows water to penetrate and leak behind the aluminum cladding, resulting in premature wood rot and other physical damage to both the windows and main structure. The plaintiff holds Pella Corporation responsible because the defendant allegedly failed to take the necessary action, such as informing purchasers of the defects, recalling the defective windows and repairing the windows that had already been purchased.
The plaintiff requests a trial by jury and seeks judgment against the defendant, damages, costs of suit, interest, attorneys' fees, expert fees, and further relief as the court may deem just. He is represented by Panagiotis V. Albanis of Morgan & Morgan in Fort Myers and Frank M. Petosa of Morgan & Morgan in Plantation.
U.S. District Court for the Middle District of Florida Orlando Division Case number 16-cv-01963
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