Milgard Lawsuit Dismissed After Settlement

October 10th, 2019 by Kyra Thompson

A lawsuit against Milgard Manufacturing Inc. from a San Diego-based builder was dismissed by the California District Court judge on August 5 due to both parties coming to a settlement.

Brock Mathis, owner of BPM Builders Inc., filed suit in November 2016 alleging injuries resulting from issues of product defects. In April 2016 Mathis authorized the purchase of the involved window unit and attempted to install the product, with the help of two colleagues. According to Mathis, as presented through his attorney, the window frame allegedly bent, flexed, buckled and/or bowed, eventually leading the window to become stuck, swinging back, knocking installers from supportive scaffolding.

In 2018, Milgard had sought a limine motion regarding evidence and testimonies pertaining to medical expenses, loss of household service, and claims for loss of earnings, profits and earning capacity. They were denied all the way until February 2019 when the trial by jury began.

This case has been a back-and-forth battle for almost three years finally coming to its conclusion after a mistrial ending in a hung jury and a memorandum of points and authorities filed by Milgard in support for a motion for judgment.

On August 5, 2019, both parties through their designated representatives filed a joint statement motioning for dismissal of all charges including the original complaint, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and that each party shall bear its own costs and attorney’s fees. The statement declares that “the court retain jurisdiction to enforce the settlement agreement.”

Judge Roger T. Benitez granted the dismissal the same day.  Neither company has made the exact terms of their settlement public.

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