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In September 2007 FBT prosecuted an action against 1400 Willow Council of Co-Owners, Inc. on behalf of our client, Patricia Ballard. The action arose from extensive damages Ballard incurred due to deficient maintenance and repair of the exterior masonry surrounding her two-story bay window in her luxury penthouse condominium. Originally commenced in 2003, the action culminated in a two-week jury trial in Jefferson Circuit Court.

Extent of Injuries: The jury was instructed on claims of (1) breach of fiduciary duty; (2) slander of title; (3) the affirmative defense of negligent repair and maintenance the bay window; and (4) punitive damages.

Resolution: Jury returned a verdict in Ms. Ballard’s favor on all claims except punitive damages. The jury awarded approximately $120,000 to Ms. Ballard on all her claims.