Home Depot seeks to designate third party in suit over window install job

David Yates Dec. 7, 2011, 4:53am


Home Depot recently filed a motion to designate a responsible third party, asserting it was the contractor's fault that Marvin and Betty Rodrigue's windows weren't properly installed.

Alleging the improperly installed windows have caused significant damage to their home, the Rodrigues filed a lawsuit Jan. 19 in Jefferson County District Court against Home Depot International, At-Home Services and E & M Contracting.

Home Depot filed its motion to designate on Oct. 27, asserting that Chris Martin performed the window installation and is therefore the responsible party.

"Consequently, while Home Depot denies that plaintiffs' claims against it have merit, Home Depot asserts that if any actionable wrongdoing were committed, it was committed by Chris Martin in his performance of the window installation project," the motion states.

Court records show that the Rodrigues purchased a complete home window and installation package from the Beaumont Home Depot on Dec. 19, 2009. Home Depot's At-Home Services handled the installation, hiring E & M Contracting to install the windows, the suit states.

"Plaintiffs would further show that Defendant contractor cut pieces off of the window casings in a poor attempt to fit them," the suit states.

"Further, the window installation did not pass windstorm certification inspection performed by Hurricane Engineering and Inspection Services, who inspected the window installation 3 to 4 times in April 2010. Thereafter, Home Depot and its at-home services were notified the window installation was still not satisfactorily performed and remained incomplete, including but not limited to a missing screen, gaps around the windows, improper fit and caulking."

The Rodrigues claim they incurred installation costs of $10,585, plus a loss of enjoyment of their home.

They seek economic, exemplary, treble and actual damages, plus attorney's fees, pre- and post-judgment interest, costs and other relief the court deems just.

John S. Morgan of Harris, Duesler and Hatfield in Beaumont represents them.

Allen attorney Arthur Smith represents Home Depot.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E189-195

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