Evans v. Lasco Bathware, Inc., No. D053731
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
Opinion by Judge MacDonald
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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