GALVESTON Ã¯Â¿Â½ A local man has filed a deceptive trade lawsuit against a League City entrepreneur, alleging he received a defective product and was forced to replace it.
Larry Gallia accuses Randy Garland, doing business as Comet Glass, of installing a shoddy piece of glass onto a vessel he was building, court documents say.
The lawsuit was filed in Galveston County District Court on Aug. 11.
Gallia claims Comet Glass guaranteed him the glass would be installed to industry standards.
"The defendant assured plaintiff that the glass would be installed in a good and workmanlike manner so that it would meet all marine surveys and consistent with the standards in the industry," the suit says.
Gallia states he was charged $2,612.73 for the service and promptly paid Comet Glass the bill.
But, according to court papers, it would not be long before Gallia found something amiss about the glass.
"After the glass was installed and paid for, plaintiff discovered that the installation work was defective and the glass now has to be replaced," court papers say.
Gallia claims that Comet Glass's alleged wrongdoing institutes a breach of contract.
"Plaintiff would show that he entered into a contract for the purchase of the glass to be installed in the boat," the suit states. "The defendant represented that the glass would be installed in a good and workmanlike manner. The glass that was installed was done in a less than professional manner. Therefore, there was a breach of contract on the part of defendant and plaintiff herenow sues for damages for this breach of contract."
Gallia also brings the lawsuit under the provisions of the Texas Consumer Protection Act.
"Plaintiff would show that the defendant breached express and implied warranties and violated other provisions of the Texas Deceptive Trade Practices ActÃ¯Â¿Â½therefore sues for his damages."
Gallia, represented by Houston attorney Harry C. Arthur, seeks a total of $11,000 in damages. Among these, $5,000 is sought for mental anguish.
A jury trial request was submitted along with the lawsuit.
Judge Lonnie Cox of the 56th District Court is presiding over the case.
Case No. 08CV0856