Attorney says pizzeria leaks into his office, files lawsuit

John Suayan, Galveston Bureau Mar. 6, 2012, 4:11am

GALVESTON - A League City attorney has filed suit against Domino's Pizza LLC in response to water leaks at his practice, recent court documents say.

In a lawsuit filed Feb. 23 in Galveston County Court at Law No. 3, Kenneth Kaye claims that water from the adjacent pizza eatery seeped into his office on six different occasions since last August.

"On several separate occasions during the past year or so, the plaintiff has walked into his office and noticed water in the carpet, which water came from his neighbor, the defendant," the original petition says.

"On those occasions, the carpet and walls in his office and conference room had standing water."

According to the suit, Kaye made the discoveries in question on the following dates: Aug. 8, 2011; Oct. 10, 2011; Oct. 14, 2011; Oct. 18, 2011; Dec. 19, 2011, and most recently on Feb. 10.

The plaintiff states that he "promptly notified a manager of the defendant that water had entered his office yet again and as always the defendant's manager claimed it was not the defendant's fault."

The respondent admitted the water in the plaintiff's office was from an overflowing toilet, but said the restaurant would not pay to clean it up "because it had not intentionally caused the toilet to overflow," the suit says.

Kaye adds he hired a contractor to come on an emergency basis to clean and dry the carpet and interior walls.

He notified Domino's of the charges he incurred, but the latter "refused and continues to refuse to pay for any of the damages," the original petition says.

The plaintiff is representing himself, and Galveston County Court at Law No. 3 Judge Christopher Dupuy is presiding over the case.

Cause No. 67,011

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