Beaumont hotel sues plumber over leaks

Kelly Holleran Apr. 18, 2011, 3:54pm

An insurance company paid more than $200,000 to Red Roof Inn after a water leak occurred, causing significant structural damages, according to recently filed court documents.

Association Casualty Insurance Co. filed a lawsuit April 8 in Jefferson County District Court against Cladwes Enterprises, doing business as Mr. Rooter.

In its complaint, Association Casualty alleges it insured Red Roof Inn when the Beaumont hotel experienced a flood of its first floor on Aug. 10.

The flood occurred after Red Roof Inn hired Mr. Rooter to repair a small leak in the plumbing system above an electrical room, according to the complaint. However, Mr. Rooter allegedly either installed a defective plumbing component or failed to properly install the component which led to the flood, the suit states.

Because of the flood, Association Casualty paid at least $255,687.39 for structure and contents damages and business expenses, according to the complaint.

It blames Mr. Rooter for causing the flood, saying the plumbing company negligently created the leak, hired employees incapable of fixing the leak and failed to properly oversee work its employees performed.

In addition, Mr. Rooter negligently supplied materials that could not meet Red Roof Inn's plumbing needs and failed to stop water from entering the hotel, the complaint says.

In its complaint, Association Casualty alleges negligence and breach of contract and breach of warranty against Mr. Rooter.

It seeks actual damages, plus costs, attorney's fees, pre- and post-judgment interest and other relief the court deems just.

Dan C. Kelley of Hoffman Kelley in Austin will be representing the plaintiff.

Judge Milton Shuffield, 136th District Court, has been assigned to the case.

Case No. D189-737

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