Continuance granted in defective flooring suit

By John Suayan, Galveston Bureau | Oct 10, 2011

GALVESTON - The parties in a lawsuit over defective wood flooring have filed an agreed motion for continuance.

Plaintiffs Brent and Stephanie Vasut and defendants John Cox Lumber Co., Adore Hardwood Floors Inc. and Terry Davis move to have the Dec. 12 jury trial setting to Feb. 13, 2012, according to a five-page document submitted Sept. 30 in Galveston County Court at Law No. 2.

As previously reported, the Vasuts sued the defendants March 29, claiming they purchased defective pieces of wood flooring for their home.

The original petition insists that batches of lumber installed at the Vasut residence were shrinking and causing pervasive cracks and bowing throughout the entire house.

It adds Davis, who would be listed as a defendant in John Cox's third party petition filed Aug. 8, first assumed the alleged problems could be remedied without the need to be completely replaced.

"On information and belief, at least five other properties used the same wood from the defendant that was used in the plaintiffs' home," the Vasuts' suit says.

"This wood used on other projects had very similar problems and this was known by the defendant at the time the wood was purchased by Davis on the plaintiffs' behalf."

The motion states the litigants want more time for discovery as new parties have been added to the claim, stressing certain actions will likely not meet the Nov. 30, deadline.

An amended docket control order was also agreed upon.

Cause No. 64,984

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