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Evans v. Lasco Bathware, Inc., No. D053731

By FindLaw Staff on November 09, 2009 10:31 AM

In plaintiffs' products liability suit against defendant for manufacturing shower pans that allegedly resulted in water damage, trial court's order denying class certification is affirmed as the trial court did not abuse its discretion when it found class certification inappropriate as there was substantial evidence from which the court could have concluded that the sole common issue did not predominate over individualized questions of damages, and there is substantial evidence from which the court could have concluded that the proposed plaintiffs did not adequately represent the interests of the class. 

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Filed November 6, 2009

Judges

Opinion by Judge MacDonald

Counsel

For Appellant:  Epsten Grinnell & Howell, Douglas W. Grinnell and Steven L. Banks

For Appellee:  Wilson, Elser, Moskowitz, Edelman & Dicker, Patrick M. Kelly, Martin K. Deniston and Daniel H. Lee, Horton, Oberrecht, Kirkpatrick & Martha, Luther W. Horton and Richard H. Martha

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