Trial under way in Ruth's court over winery roof

By Ann Maher | Jul 23, 2014

A bench trial is under way in Madison County Circuit Judge Dennis Ruth's court involving a Maryville winery owner accusing a Collinsville roofing company of shoddy workmanship.

Judy S. Wiemann, who owns Villa Marie Winery, claims Lakeside Roofing failed to install a roof under contract in 2008 in a "first class workmanlike manner."

Her 2011 suit cites problems such as misplaced screws causing seam gaps, incorrectly laid panels, no underlayments between battens and counter battens, barrel capes not installed on gables of the roof, and metal bird edges not properly installed.

The trial began Monday and continued through Tuesday. However, it will not resume again for a couple of weeks, according to the Circuit Clerk's office.

A witness for Lakeside, commercial building expert Wayne Korte, testified Tuesday afternoon that the roof had been constructed in a good workmanlike manner and does not need to be replaced.

He said he inspected the roof on June 8. His report included a number of recommendations, one of which was replacing missing screws he estimated would cost $4,000.

Korte said Lakeside should be responsible for the missing screws, but that other problems enumerated in the lawsuit were either the fault of others or not necessarily the fault of Lakeside's.

Lakeside has stated in court filings that any damages claimed by the plaintiff were caused by an independent, intervening and superseding act of negligence on the part of either the plaintiff or other persons.

Wiemann is suing Lakeside for breach of contract, breach of warranty and consumer fraud. She is asking to be paid the cost of hiring another roofing company and to be paid more than $160,000 in damages, plus court costs.

Attorneys Stephen C. Mudge of Edwardsville represents Wiemann.

John McCracken of Edwardsville represents Lakeside Roofing.

Madison County Circuit Court Case No. 11-L-413.

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