Water leak suit dismissed for want of prosecution

John Suayan, Galveston Bureau Dec. 19, 2011, 9:33am

GALVESTON - A lawsuit stemming from a September 2010 water leak at a Galveston residence has recently been disposed.

The litigation between Culwell Designs and Aqueduct Plumbing Co. was dismissed for want of prosecution by Galveston County Court at Law No. 2 Judge Barbara Roberts on Oct. 20.

Roberts junked the case because Culwell failed to appear at a status conference that was scheduled for Oct. 13.

Culwell sued Aqueduct last June over a component which reportedly caused the leak in question at the residence of one of the plaintiff's clients.

According to court papers filed at the time, Aqueduct "failed to take responsibility for the leaking elbow joint that it sold and installed" at the home of Larry and Nancy Kitchel.

Culwell, which was responsible for building the Kitchel house, and the respondent entered into a contract in the fall of 2009.

The homeowners discovered the leak in question a year later and notified the plaintiff, which subsequently conducted an inspection and performed repairs costing approximately almost $4,000.

The suit says Aqueduct replaced the leaking elbow joint on the property, but failed to pay for the repairs required as a result of the water damage.

The respondent did not file an original answer.

Cause No. 65,482

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