Suit claims roofers worked on wrong house then left job unfinished

John Suayan, Galveston Bureau Aug. 26, 2009, 5:38am

GALVESTON - A Tiki Island man claims workers started roof repairs on his house by mistake while he was out of town, and then left his home exposed to the elements when they learned of their erro.

Paul Rice is suing Kevin Mitchell of Montgomery, doing business as South Texas RES-COM, and Galveston Flooring Co. in Galveston County District Court for wrongfully performing repairs to the roof of his house.

The defendants are accused of common law fraud, trespassing and negligence.

According to the suit filed Aug. 21, South Texas RES-COM had a client that needed roof work done. South Texas RES-COM then assigned Galveston Flooring to the job.

However, the suit claims the workers did not go to their client's home, but to Rice's house by mistake.

"Galveston Flooring's employees began said work on the wrong home � that owned by plaintiff, Paul Rice, while he was out of town," the original petition says.

Rice says by that the time Galveston Flooring realized it had made a mistake, a large section of his roof had been stripped of shingles but did nothing to rectify the error. He claims the un-shingled roof allowed water and debris to enter his home, ruining the interior.

"Upon learning of the mistake, Galveston Flooring abandoned the plaintiff's home, leaving it in disrepair, and never contacted the plaintiff," the suit states.

Since South Texas RES-COM collaborated with Galveston Flooring, the writ of respondeat superior is evoked.

Rice insists the ordeal caused him a high degree of mental pain and distress as he was temporarily displaced.

Represented by Houston attorney Joaquina L. Rodriguez, the plaintiff seeks damages including out-of-pocket expenses, repair costs and diminished market value.

Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 09CV1524

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