Mudge dismisses couple's lawsuit against cabinet makers

By Christina Stueve Hodges | Nov 13, 2012

Judge Mudge

Madison County Circuit Judge William Mudge on Nov. 1 dismissed Masco Cabinetry and three remaining defendants from a lawsuit over allegedly defective kitchen cabinets.

Plaintiffs Doug and Jeanne Wojcieszak filed a motion to dismiss defendants R.P. Lumber, Carrington Custom Homes, Huttig Building Products, and Masco Cabinetry from a lawsuit they filed against those four companies on Dec. 23, 2011.

No one appeared at a case management conference on Oct. 24.

The Wojcieszaks alleged in their original complaint that they would be forced to pay more than $30,000 to replace cabinets that allegedly began warping after a few years of use.

Huttig had 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 also stated that the damages the Wojcieszaks claim resulted from some event following its delivery of the goods, and it could not be held responsible for the plaintiff’s damages.

It also claimed that 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.

Samantha S. Unsell of Belleville represented the Wojcieszaks.

Gary Meadows of HeplerBroom represented Carrington.

Travis Campbill and Rebecca Johnson of Bryan Cave represented Huttig Building Products Inc. and Masco Cabinetry.

Peter N. Leritz and Kelly T. Kirkbride of Leritz, Plunkert & Bruning represented defendant R. P. Lumber.

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

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