United States District Court, D. Minnesota
M. Nelson, Michael J. Lowder, Benson, Kerrane, Storz &
Nelson, PC, Bloomington, Minnesota, for Plaintiffs.
W. Blackwell, Benjamin W. Hulse, S. Jamal Faleel, Blackwell
Burke, PA, Minneapolis, Minnesota, for Defendants.
MEMORANDUM OPINION AND ORDER
RICHARD H. KYLE UNITED STATES DISTRICT JUDGE
windows in their homes fogged, Plaintiffs Lisa Kiefer, Adam
Arvig, Lynette Andersen, Sheri Squillace, Justin Smith, Joan
Corby, and the Koch Family Trust (collectively
“Plaintiffs”) commenced this putative class
action against Defendants Simonton Building Products, LLC,
Simonton Windows, Inc., Simonton Industries, Inc., and
Simonton Windows & Doors, Inc. (collectively,
“Simonton”), the window manufacturers. They
allege inter alia claims for negligent product
design and manufacture, breach of express and implied
warranties, and fraud. Presently before the Court is
Simonton's Motion to Dismiss. For the reasons that
follow, the Court will grant its Motion.
Complaint alleges the following facts, which are taken as
true for purposes of the Motion. Simonton manufactures and
sells glass windows and other products for residential and
commercial use. (Compl. ¶¶ 1, 25.) Simonton's
windows incorporate an insulated glass unit
(“IGU”), which “often contains . . . low
emissivity metallic films on the inside of the panes of
glass, as well as inert argon gas between the panes[, ] . . .
[and] a single seal to keep air from passing in or out of the
glass assembly.” (Id. ¶ 26.) Plaintiffs
own homes with Simonton windows in which the IGUs have
failed, causing “condensation and corrosion that
obscures the windows.” (Id. ¶¶ 1,
56.) As a result, each Plaintiff submitted a claim under
Simonton's warranties. (Id. ¶ 60.)
warrants its windows against “non-conformities in
material and workmanship” for certain periods,
depending upon the particular window and its use.
(Id. ¶ 46; see also Hulse Decl. Exs.
1, 2 (copies of the warranties).) Simonton's warranties
generally provide that “Simonton will repair or replace
any Product that fails to meet [the warranties]. . . .
Simonton may [also] refund the purchase price . . . if in
[its] opinion such repair or replacement is not commercially
practicable or reasonable or cannot timely be made.”
(Compl. ¶¶ 46-47.) Specifically,
[the] installed and sealed [IGU] is warranted against
permanent and material obstruction of vision from film
formation caused by dust or moisture in the air space between
the glass for the Warranty Period . . . [and] [i]f such
defects occur . . . Simonton will provide a replacement [IGU]
at no charge to the Warranty Holder.
(Id. ¶ 46.) Under the heading, “This
Limited Warranty's Exclusive Remedy, ” the
If the Product or any components fail to meet this Limited
Warranty, Simonton's sole obligation is to either (as
Simonton elects): a) repair the component . . . or b) provide
replacement component(s) to the Warranty Holder or a Simonton
designated dealer . . . or c) refund the Warranty
Holder's purchase price. . . . This is the Warranty
Holder's sole and exclusive remedy for the Product under
this Limited Warranty. By example but not limitation, this
Limited Warranty does not cover . . . labor for removing,
reinstalling, refinishing [the] Product (or other materials
that are removed, reinstalled, or refinished to repair or
replace the Product).
(Id.; Hulse Decl. Ex. 1.) The disclaimer of labor
costs appears multiple times. (Hulse Decl. Exs. 1-2.) The
warranties also disclaim any other express or implied
warranties and, under the heading “Limitation of
Liability, ” reiterate:
Simonton's sole liability under this limited warranty is
replacement, repair, or refund of the purchase price as set
forth above. In no event will Simonton be liable for
incidental, consequential, indirect, special, or punitive
damages including, but not limited to, damage of any kind to
a premises, loss of product use, reinstallation, labor,
removal . . . emotional distress claims, or claims of third
parties for such damages, ...