Rai Fink Ebner trial attorney Darren Ebner obtained a defense verdict in an $11.2 million single-defendant construction defect case involving water intrusion and alleged window leaks at a multi-million-dollar Malibu estate. The homeowner sought damages for window replacement, leak repairs, and lost profits from filming delays on a reality television show.

Through pre-trial motions, the defense eliminated most of the lost-profits claims for lack of foundation and other evidentiary deficiencies, and the court reduced potential damages from $11.2 million to $1.8 million before trial. At trial, the defense successfully argued that the plaintiff’s lead construction expert was unqualified; the court limited the witness to percipient testimony, creating significant burden-of-proof problems for the plaintiff.

Through that limitation and cross-examination of the homeowner, the defense demonstrated the plaintiff failed to prove the client breached the standard of care or caused the alleged leaks. The defense verdict exceeded a prior settlement offer, resulting in more than $40,000 in recoverable costs.