LAFAYETTE – A Cameron Parish homeowner is seeking damages in a class-action suit against Pella Corp. over allegedly defective windows.
Sylvia R. Cooks, on behalf of herself and those similarly situated, filed a class-action lawsuit Feb. 19 in the U.S. District Court for the Western District of Louisiana against Pella Corp. citing negligence, breached express and implied warranty, fraud, and negligent misrepresentation.
Cooks alleges that Pella designed, manufactured, marketed, warranted and sold its Pella Architect series windows to her, the class members and the general public throughout Louisiana and the United States. Cooks asserts that she installed the defendant’s windows in her homes in Lake Charles and in Lafayette.
The windows allegedly contained a defect that permitted water to enter behind the windows via insufficient wood preservation treatment, lack of sealant adhesion and compatibility with frame corners or the glazing pocket, and/or excessive gasket compression set. This defect allegedly caused moisture to accumulate or water intrusion into the interior of the homes, and has damaged the houses. The windows themselves allegedly are also rotting.
Cooks claims she has suffered expenses from repairs to her homes that were allegedly caused by the defects. She alleges that the defendant knew its windows were defective, but concealed, suppressed or omitted this information while continuing to distribute, market and/or sell the windows. Cooks alleges that defendants, at all relevant times, took no action to recall the windows, repair them or replace them.
She is now suing for compensatory damages, the cost of the suit, pre- and post-judgment interests, attorney fees, and any further relief deemed just by the court. She is seeking a jury trial and is represented by Andrew A. Lemmon and Irma L. Netting from the Lemmon Law Firm LLC in Hahnville.
U.S. District Court for the Western District of Louisiana Case number 1:16-cv-00232