JURY AWARDS $58 MILLION TO BOB & JANE CULL
AGAINST TEXAS BUILDER, BOB PERRY

How much time and money does it take to wear down a homeowner? In the case of Robert & Jane Cull, over a decade and a million dollars wasn’t enough. They're still at it.

Robert & Jane Cull bought their retirement home from Perry Homes for $233,730 in 1996 and soon realized it was a lemon. Bob Perry’s company made some cosmetic fixes but refused to fix the serious defects. That’s when the Culls filed suit. They won a rare $800,000 judgment in arbitration, but Perry refused to pay. He appealed for years through the court system, all the way to the Texas Supreme Court, twice. The most recent high court decision sent the case back to district court in Fort Worth where on March 1, 2010 a jury ordered a payment of $58 Million.

Perry could have saved himself time and money, not to mention the reputation of his company and the Texas homebuilding industry, by fixing the serious defects in the first place or buying back the home. Instead, he ended up with a judgement against him that includes: 

• $7 million in actual damages against Perry Homes, 
• $7 million in actual damages against Warranty Underwriters Insurance Company (WUIC), 
• $40 million in punitive/exemplary damages against Perry Homes, and 
• $4 million in punitive/examplary damages against WUIC. 

Maybe this will burn off some of the swagger of the Texas builders who feel untouchable, have little to no accountability under current Texas laws, and have become arrogant and abusive of homeowners.

About Bob Perry

As the biggest campaign contributor in Texas, Bob Perry is sometimes called The Godfather of Texas Homebuilding & Politics. He has used his deep pockets and political influence to push for tort reforms that limit lawsuits against business rather than fixing the cause of them. Note that every member of the high court has received campaign contributions from Perry, and Perry may yet appeal the jury's decision to that court again. We applaud the Culls and root for their continued success.

Our collection of Bob Perry articles includes details on the Cull's case and shines more light on Bob Perry, who is known for his deep pockets, political influence, creation of the TRCC, support of tort reform, an aversion to the limelight, and this historic case against the Culls.

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[HOT: We firmly believe that the more Texans learn about cases like this, the more everyone will realize that our Texas laws literally give unscrupulous homebuilders a license to steal and need to be changed. As more voters and legislators become aware of this issue, then we will have a real opportunity to enact meaningful reforms to help end such abuses once and for all. Please spread the word by telling others about our site.]

SELECTED READER COMMENTS about the Cull's case include:

FROM JORDAN FOGAL:
This is the way the housing industry destroyed itself and the economy of this country. First they ignore you. Then try to prove you are some how to blame for what is wrong with your house. Then try to show you are crazy. Then they deny and threaten and even tell you they have deeper pockets than you. Then they out last you and wear you down. And they still have the gall to tell the media they just want to fix your house, but you won't let them? [HOT: This is why we need laws that hold them accountable.]

FROM BOB:
For those of you who think all lawsuits by consumers are "frivolous" and who think that "punitive damages" are ruining business and who think that tort reform (or just elimination of civil jury trials) is the just and proper thing to do, this case should be a slap upside the head to you.

How many folks have been walked on, or run over, by powerful businessmen like Perry, but who did not have the resources to fight back? The state does not protect them, but they are in the right. The ability to hire a lawyer, sue the wrongdoer, prove their case before a jury of peers, and collect damages has been a part of our legal system for hundreds of years.

And in a state like Texas, which refuses to help its citizens because it may be "bad for business", that lawsuit for damages with a jury trial is the only "check and balance" the ordinary citizen has. Or it is until another Republican Texas Supreme Court or Legislature tries to take it away again.

FROM CAD1936:
For a jury in ultra conservative Tarrant County with ultra conservative Republican judges, the Perry organization must have really let their true collors show through as an insult to the Judge, Jury, and the judicial system. I would love to read the transcript in this case and I can imagine the demeanor of the Perry witnesses. They must have really pi$$ed off the judge and jury.

FROM jrangel9st:
Doing the right thing in the first place would have been just but it appears Perry had no interest in making good on his building. He could have saved a lot of money had he taken responsibility for his building; instead he chose to cheat the Culls out of $80,000 to repair the house. Justice is serve when the bad boy gets caught and is punished. As for the punishment, $47M for punitive damage is high but it does get people's attention.