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
Arvo Lake, a retired seventy-one year old man, bought an air conditioner in May. The unit was installed and operated according to the manufacturer's specifications. Unbeknownst to Lake, the unit contained a hole in the refrigeration system that allowed Freon, the coolant, to escape from the unit. By August, the unit had ceased cooling, and Lake's residence reached a temperature of at least 96 degrees Fahrenheit. The heat caused Lake to suffer from hyperthermia, which caused circulatory failure and then death. The executor of Lake's estate sued the manufacturer of the air conditioner for damages resulting from breach of warranty.
Cross-Complainants are informed and believe, and thereon allege, that Cross-Defendants had no intention of completing the reconstruction improvements within the amount approved by the Bolanos’ insurance company. With the Home Improvement Contract, Cross-Defendants submitted an estimate for $275,718.08. When the Bolanos’ insurance company only approved repairs for 251,569.81, Pedro Luis Hidalgo made representations that all insurance companies approve less but that Cross-Defendants know how to obtain the difference between the requested and approved amounts.
The Association alleged in its lawsuit that certain elements of the property were not constructed in a good and workmanlike manner including 1) failure to properly install and flash windows and other exterior penetrations; 2) properly caulk the exterior penetrations; 3) failure to properly install the weather resistive barrier; 4) failure to properly to install the stucco exterior; 5) failure to properly install the EIFS exterior and 6) failure to install brick exterior.
To save their homes from becoming open land, the nine petitioners sued New London and Pfizter Inc., to whom New London has given eminent domain power. The petitioners argue that what incorporation is doing, and what the government of the state has allowed violates their fifth amendment rights. Petitioners are not arguing about the fact of a new
The insureds, who live in a separate house on the same property, refute all of the plaintiffs’ allegations with the exception of their concession that a portion of the siding is missing from one of the exterior walls. They explained that during the renovation of the house, which was completed approximately one year before the plaintiffs took possession, they had a window removed from
Background: Based on the given complaint, on the 28th of March in 2014 the Plaintiff, Linda D. Daugherty suffered an injury on the property of Rauleigh J. Ringer at 814 N. Liberty Street, Alexandria, IN. She is claiming her injury was a result of negligence spawning from the actions, or lack thereof, by Mr. Ringer and Casual Lifestyles Realty, Inc., in which the connection of these three parties has not been clarified with certainty within the claim. The Defendants, by counsel, Mark Maynard, and, pursuant to Rule 12(E) of the Indiana Rules of Trial Procedure, moved for a more definite statement of the Plaintiff’s Complaint. Mark Maynard argues if said Plaintiff could amend her complaint that is supposedly so vague and ambiguous, the newfound clarity would help the defense frame a response to said Plaintiff’s claim. No other information could be
Grocery, Inc. was not aware that Company A had delegated Company B to continue the renovation. Grocery, Inc. ascertains the occurrence of this transaction after monitoring the quality of workmanship. However, Grocery, Inc. dismay, caused the store filed a petition for an injunction
and injuring the Plaintiff with no warning, breaching the reasonably established agreement how the Plaintiff was to help only with Transporting of said Household items, with the Plaintiff’s Truck and Trailer only. Defendant Benny Hans Sorensen’s Negligent instructions and the Defendant Gaden Griffin’s Negligent Actions caused the Plaintiff’s Permanent Damages, adding injury to the Plaintiff’s existing Disability, with no care and lack of consideration of Plaintiff’s injury, especially immediately after the Plaintiff’s injury while the Plaintiff was moaning and complaining about how heavy the said 330 lbs Appliance was and walking in circles and holding his back, neck, and shoulder. The Defendants’ gross actions and negligent actions
Case Briefing #2 Vizcaino v. US Dist. Court for WD of Wash., 173 F. 3d 713 (9th Cir.1999)
This claim arises out of a lawsuit filed in Kane County, Illinois involving an incident at Johnny A’s Third Rail Pub, a local pub owned by the Insured, Beslidheje, Inc. Mr. Tefik Ashiku owns and operates the Insured corporate entity. The pub operates out of a building owned by the co-defendant, Junaid Zubairi. Plaintiff’s lawsuit alleges negligence against both Beslidheje, Inc. and Zubairi, claiming that the stairway had insufficient or inoperative lighting at the time she fell.
The contractor, upon the breach of his obligations, he caused some damages to the owner and he should be exposed to forfeiture.
(2) Other defendant: Other defendants might be Leanne and also the contractor that is responsible for the renovation.
1. The witness has first had an opportunity to explain or deny it and counsel for the other parties have had an opportunity to ask about it, and
C. When the plaintiff, Joeli,entered in the dressing room, the plaintiff saw that he screws on the mirror was rusty, and it wasn 't properly hung. Illustrating that the dangerous condition existed for such a length of time that, in the exercise of ordinary care, Defendant, The Connie’s Costume Shop, and DOES 1-10, had constructive knowledge of the hazard because it should have known
Identify any person not already named as a party to this lawsuit whom you contend caused or contributed to the occurrence complained of, including any architect, engineer, designer, contractor, subcontractor or others.