Plaintiffs seeks to compel mediation with Home Depot

By David Yates | Sep 12, 2011

Plaintiff Marvin and Betty Rodrigue recently filed a motion to compel mediation in their suit against Home Depot.

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

On June 17 the couple filed a motion to compel mediation, asking the court to force all parties to seek the services of the Jefferson County Dispute Resolution Center.

As of Sept. 12, there is no ruling on file.

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.

Before the work began, the Rodrigues put down 25 percent, the complaint says. Still, the down payment did nothing to ignite E & M Contracting or Home Depot's At-Home Services - both companies failed to begin work within 30 days of the contract date, the Rodrigues claim.

"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.

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

Case No. E189-195

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