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Iii.Factual Background In Support Of Summary Judgment.

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III. Factual Background in Support of Summary Judgment A. Avey Buys the Adjacent Vacant Lot and Informs Plaintiffs of his Home Plan In the Fall of 2012, Avey purchased a small vacant lot adjacent to Plaintiffs at 2816 Westside Lane Fort Worth, Tarrant County, Texas 76109. (Orig. Pet. 2). Plaintiffs were “extremely upset” to find out before construction began that Avey wanted to build a four-story home next to Plaintiffs’ more traditional, art-deco style home. (Id.). Construction subsequently began in November of 2012. (Id.). B. Avey Hires Independent Contractor Rex Doss to Paint the New Home Avey is a lawyer with no experience in exterior home painting. (Doss Dep. 4). Due to a lack of experience, Avey hired an independent contractor …show more content…

(Doss Dep. 4; Def.’s Dep. 1). Doss, despite thinking the scaffolding was pretty flimsy, carried three pre-mixed paint cans to the top and began painting. (Doss Dep. 4). Doss seems to remember a burst of wind knocking the scaffolding over. (Id.). Gold paint landed on the plaintiffs’ Italian tiled roof and new air conditioning unit. (Orig. Pet. 3). Upon notice of the accident, Avey apologized profusely and offered to pay the cost of cleaning the spilled paint. (Orig. Pet. 3). However, Plaintiffs refused and found their own paint removal specialist who “bleached out” some of the tile. (Id.). The roof is slightly discolored, but no one driving by would notice the discoloration. (Def.’s Dep. 1). Additionally, Plaintiffs hired Coolright, Inc. to take off the exterior shell of the AC unit, sand the surface, and repaint it. (Orig. Pet. 4). Coolright determined that this was all that was needed to remove the paint. (Id.). In the process of removing the exterior shell, Coolright damaged the condensing coils. (Id.). D. Avey Expressed his Opinion Regarding Plaintiffs’ Hostility After the accident, Plaintiffs acted hostile towards Avey and his new home. This hostile behavior, which continued for nearly a year, is evident throughout Plaintiffs’ original petition calling the house

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