In a legal battle that has been going on for more than a decade, homeowners Bob and Jane Cull finally prevailed in court yesterday over mega-builder and political moneyman Bob Perry. The jury’s decision sends a clear message that the influence of PAC contributions and high-dollar lobbyists have not yet crept into the jury box. Politicians and activist judges should think twice before twisting the law at the behest of corporate lobbyists who abuse the public’s trust.
15 years ago, Bob and Jane Cull bought what they thought was their dream retirement home in Mansfield, Texas. The home – built by Perry Homes – started to show signs of foundation failure and other major structural defects shortly after they moved in. Perry Homes refused to repair the defects, forcing the Culls to take their builder to arbitration where he was ordered to pay $800,000.
Rather than simply comply, Perry Homes appealed the decision. After years of languishing at the Texas Supreme Court – which has a long history of forcing consumers to accept binding arbitration – the state high court eventually vacated the arbitrators judgment on a 5-4 vote in 2008, sending the case back to state court. All nine members of the state’s high court had received political contributions from Bob Perry, the nation’s largest individual campaign contributor. Perry thought he could simply wear out the Culls by dragging them through appeal after appeal. He underestimated the resolve of individuals who know their cause is right and just.
Last week, the Culls exercised their legal rights and took their case to a jury. They explained to twelve citizens how Perry Homes had built a shoddy home and how the builder refused to repair the damage. Yesterday, the jury ruled in the Culls favor, holding Perry Homes accountable.
The jury’s decision in this case is a clear indication that citizens are fed up with corporate misconduct and abuse. It should send a clear message not only to Bob Perry, but to lawmakers who restrict the rights of individuals and activist judges who twist the law to enable corporate wrongdoers to avoid accountability. This jury is telling them they are out of touch with mainstream Texans who believe that when you harm someone – whether by accident or on purpose – you should be held responsible. That is what juries are tasked with doing: looking at and deliberating the facts and reaching a common sense decision.
Twelve men and women from disparate backgrounds and varied experiences who come together for a single purpose and then disband is the essence of democracy. The jury room is the one place where our democratic system works outside the influence of PAC contributions or lobbyist influence. That is why special interest lobbyists funded by homebuilders – like Bob Perry – and insurance cmpanies have fought so hard to limit the ability of juries to do their job. They can not corrupt a jury. So, they have pushed laws that arbitrarily negate the findings of citizen juries, regardless of the facts of the case. I imagine that the jurors in this case will be highly upset when they learn that their findings will be hijacked by laws created by Bob Perry and his lobbyist henchmen.
There is little doubt that Perry will appeal. How long will Bob Perry continue his effort to deny justice to Bob & Jane Cull? Will the Texas Supreme Court once again let the case gather dust while Bob Perry and his high powered legal team try to out last the Cull family? Only time will tell.
http://www.texaswatch.org/2010/03/jury-sends-message-corporate-abuse-will-not-be-tolerated/
