Hernandez v. CGI Windows and Doors, Inc.
After a jury verdict for window manufacturer CGI in the homeowners' negligence suit over leaking windows, the Third DCA reversed because the trial court judicially noticed and admitted prior unsworn pleadings (including a third amended complaint naming settled and dismissed co-defendants) and an unadjudicated treble damages motion, which CGI used to argue plaintiffs were 'liars' and 'triple dippers.' The court held unsworn attorney-drafted pleadings are not admissions absent a particularized showing of adoption, and that the evidence yielded the inescapable inference that former defendants had settled, violating section 768.041(3).
Key facts
- Homeowners Hernandez sued window manufacturer CGI Windows and Doors for negligence based on allegedly defective and leaking windows installed in their home.
- After a jury verdict in CGI's favor, the trial court had admitted unsworn prior pleadings (including a third amended complaint naming settled and dismissed co-defendants) and an unadjudicated treble damages motion, which CGI used during trial to argue plaintiffs were 'liars' and engaged in 'triple dipping.'
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Why it matters
A useful, citable decision for trial lawyers fighting the common defense tactic of using superseded or prior pleadings as party 'admissions' and of exposing settled or dismissed co-defendants to the jury. It combines… — full analysis with a trial
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