Mudge continues hearing after defendant failed to show up

Christina Stueve Mar. 28, 2012, 6:10am


Defendant Huttig Building Products failed to appear at a hearing Friday in Madison County Circuit Judge William Mudge's courtroom on its motion to dismiss.

Mudge then continued the hearing at Huttig's request.

Doug and Jeanne Wojcieszak filed a lawsuit Dec. 23 against Masco Cabinetry, Huttig, R.P. Lumber Co. and Carrington Custom Homes.

The Wojcieszaks allege they will be forced to pay more than $30,000 to replace cabinets that allegedly began warping after a few years of use.

R.P. Lumber Company fought back Thursday in the lawsuit, stating it did not manufacture the product at issue.

Peter N. Lertiz of Leritz, Plunkert & Bruning represents R.P. Lumber.

R.P Lumber asserts that the harm alleged by the plaintiffs was caused by a characteristic of the product at issue, a generic aspect of the product and cannot be eliminated without compromising the products' usefulness.

Huttig Building Products filed to dismiss the lawsuit Feb. 13. The company says it did not issue a warranty to the Wojcieszaks for the products at issue in the couple's lawsuit.

Huttig is represented by Richard Day and the law firm of Hennessy & Roach.

Huttig also states that the damages the Wojcieszaks claim resulted from some event following its delivery of the goods, and it cannot be held responsible for the plaintiff's damages.

It also says the plaintiffs knew or should have known of any defect in the cabinetry at the time of delivery and yet still accepted and used the product.

The Wojcieszaks say they installed Merillat Cabinetry in their custom home in January 2007.

The couple decided to use Merillat Cabinetry after approaching their builders, Carrington and R.P. Lumber, for recommendations, according to the complaint.

The Wojcieszaks followed the recommendation, and the Merillat Cabinetry, manufactured by Masco, was installed in their home by R.P. and Carrington. The cabinetry included a 25-year warranty, the suit states.

The Wojcieszaks noticed their cabinets again began to buckle and warp in December 2010. The couple contacted R.P., which allegedly told them to contact Huttig Building Products, according to the complaint.

The Wojcieszaks claim they will be forced to incur costs of more than $30,000 to replace their cabinetry.

Samantha S. Unsell of Belleville represents the Wojcieszaks.

Madison County Circuit Court case number: 11-L-1437.

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