Records v. Century

Records v. Century Roofing Co.

District Court of Johnson County, Kansas, Docket #: 05CV1825

Judge: Thomas Sutherland, Division 3

Nikki E. Cannezzaro, attorney for defendant Century Roofing Co.

Type of Claim: Breach of contract. In October, 2000 plaintiff hired defendant to replace plaintiff’s roof. The roof had a five year guarantee against leaking. Plaintiff began experiencing leaks in 2002 but did not contact defendant. In July, 2003 plaintiff discovered mold and water damage in his attic and in an upstairs bathroom, and discovered spots in a variety of places on his ceilings. Plaintiff then called defendant. Defendant’s employee came to plaintiff’s house and prepared to repair the roof. Plaintiff claimed the roofer was not going to repair the roof correctly. Plaintiff asked the roofer to leave and asked that the roofer’s supervisor call him. The supervisor did not call and plaintiff brought suit against defendant.

Damages Alleged: $62,976 repair; mold clean-up and additional living expenses.

Plaintiff’s Experts: Susan Flappan (industrial hygienist); Chris Blackwell (mold expert); Brooks May (mold contractor); Frank Comer (engineer) and David Dobbins (roofer).

Defendant’s Experts: None presented.

Demand Before Trial: $47,500.

Offer Before Trial: $15,000.

Verdict: $13,000 for plaintiff.