In Wilson v. Style Crest, homeowners sued alleging that the Defendants were liable for the failure of the anchor system to adequately secure their homes in high winds. They alleged the anchor systems do not meet federal and state standards. The Homeowners sought to recover the cost of the anchor systems, the cost to upgrade the anchor system to one which is effective, or the cost of a permanent foundation, approximately $2,500-$7,000 each. The trial court granted summary judgment primarily on the ground that the Homeowners have not suffered any actual damages.
The supreme court affirmed, noting that the pivotal issue was whether the Homeowners must prove an actual injury to person or property to bring their warranty and fraudulent concealment claims. The court noted that the "evidence showed the Homeowners received what they bargained for--an anchor system which has been effective in high winds. There is no evidence that the anchor systems have not, to date, been exactly what the Homeowners bargained for."
Hence, there were no damages.