California, United States of America
The following excerpt is from Roberts v. Assurance Co. of America, 163 Cal.App.4th 1398, 78 Cal. Rptr. 3d 361 (Cal. App. 2008):
Hathaway disagreed, stating "[i]t is apparent from this affidavit that the collapse was the consequence of an error by the truss designer, architect, or other person responsible for determining the strength of the truss needed. The truss system as designed is not a `defective material' because it was suitable for that which it was designeda 1540 pound load. Likewise, the installation of the inadequate truss was not a `method in construction' because there is no allegation that improper installation methods and procedures were used." (Hathaway v. Cedarburg Mut. Ins. Co., supra, 503 N.W.2d at p. 7.)
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