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LINDON — Calling it a "good day for Utah homeowners," the attorney for a family whose 6,400-square-foot dream home sank into the ground praised a ruling Tuesday from the state's high court.
"It's a great day. This lawsuit was filed six years ago. We have been to hell and back. We are thrilled," said attorney Stephen Quesenberry.
The Utah Supreme Court Tuesday upheld a jury's decision finding that a developer neglected to tell two first-time homeowners about a 1997 report detailing collapsible soils in the area where the homeowners built their dream house in Lindon.
In order to fix their home, the Hesses maxed all their credit cards and held garage sales to finance the expensive repair work. Marilyn Hess even sold her wedding ring
Mark and Marilyn Hess originally sued the builder, developer and engineer of their home after it sank five inches into the ground.
In 2008, Mark and Marilyn Hess were originally awarded about $3.17 million by a 4th District Court jury for home repairs and emotional stress due to fraudulent misrepresentation by Canberra Development Co. and its chief executive officer, David Allen. About $2.65 million was for mental distress, pain and suffering.
It remains the largest verdict in Utah history for a single home fraud case, Quesenberry said.
The sinking home resulted in cracked ceilings, floors, windows and none of the doors in the house could move. In order to fix their home, the Hesses maxed all their credit cards and held garage sales to finance the expensive repair work. Marilyn Hess even sold her wedding ring, Quesenberry said.
While they were able to lift and stabilize their home, they never have had the money to fix the damages inside.
The Utah Supreme Court Tuesday reduced the amount of economic damages awarded to the Hess family from about $537,000 to $330,000, but left the rest of the lower court's ruling intact.
Quesenberry said that dropped the final amount awarded from about $3.2 million to $3 million.
"We're fine with that," he said. "What's most gratifying to me was they upheld the verdict. It's good to see the system work."
In their decision, the state's high court said the jury "had sufficient evidence to find the developers liable for fraudulent nondisclosure."
Quesenberry said the verdict sends a message to all developers.
"Anybody who sells somebody a piece of land or building, they'd better disclose everything they know that's negative. If you don't disclose, you'll be held accountable."
Email:preavy@ksl.com
