St. Helena, CA, July 1, 2015 Attorneys James Rose and Katharine Falace of Buchalter Nemer obtained a unanimous jury verdict on behalf of their client, Terry Klein Plastering.
Following nonpayment for work done to their home, homeowners David and Bobbe Clark sued Terry Klein for substantial damages in excess of $600,000 contending his allegedly defective work caused significant leaks in their home. After six days in trial, the jury returned its unanimous verdict summarily dismissing the Clarks’ contentions and awarding Mr. Klein his fees in full.
“It is always gratifying to prevail on behalf of your client, particularly when the client is a man with as much integrity as Terry Klein. I am grateful to the members of the jury for performing such an important role within our judicial system,” said Mr. Rose.
Initially, the Clarks sued Klein for negligence and breach of contract. Those claims were dismissed by the trial court. All that remained was the willful misconduct claim by the Clarks and Klein’s cause of action for quantum meruit for his unpaid fees. The jury returned its unanimous verdict agreeing that Klein was owed payment for his services and rejecting the Clarks’ claim for willful misconduct.
“The thought of going to trial is always unsettling, especially when so much is at risk. It was such a relief to see how competent attorneys can reveal the truth so adeptly,” said Terry Klein. “Jim and Trina helped restore our faith in our judicial system and we are so grateful.”
