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Kiefer v. Simonton Building Products, LLC

United States District Court, D. Minnesota

April 17, 2017

Lisa Kiefer, et al., Plaintiffs,
v.
Simonton Building Products, LLC, et al., Defendants.

          Alex M. Nelson, Michael J. Lowder, Benson, Kerrane, Storz & Nelson, PC, Bloomington, Minnesota, for Plaintiffs.

          Jerry 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

         INTRODUCTION

         After 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.

         BACKGROUND

         The 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.)

         Simonton 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).)[1] 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 warranties provide:

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, ...

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