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Defense Verdict in Homeowner Claim!

Michael J. Carney and Kara K. Byrnes | April 26, 2023

Kara Cosse and Michael Carney proudly obtained a complete defense verdict for State Farm in Flagler County this week. Plaintiffs were claiming nearly $200K in tile roof and interior damage to their home after a three-day wind and rainstorm in mid-July 2021. Plaintiffs’ expert contractor testified extreme wind damage caused all the damage claimed to the plaintiffs’ residence, which included the lifting of tiles and interior ceiling damage. Through skillful cross-examination of the contractor, Mike and Kara were able to significantly impeach the expert with photographs contradicting his testimony and also attacked his methodology. Additionally, they were able to force the expert to admit he had never spoken with the plaintiffs to get any understanding of the claim, and he had an inaccurate timeline of events.
 
Kara and Mike called an expert engineer who testified the winds on the alleged dates of loss were minimal and opined it would take significant winds to lift the tiles and the damages claimed were due to wear and tear, maintenance and repairs performed by non-roofers.
 
As a result of the above, the jury clearly saw through the plaintiffs' evidence and claims and after a short deliberation, rendered the defense verdict.

 

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