Pieces 012/09 PT2
Posted by Sheri Harris on Tuesday, August 18, 2009
Under: Orders-09
IN THE UNITED STATES
CIVIL MATTER
Plaintiff
v.
Defendant
Ms. Dillon: They borrowed my stool to set things on. I only went into the main room to retrieve it so that I could use it. That's when the ceiling fell on me.
Pieces: So you just darted in to get something and the whole thing collapsed on you.
Ms. Dillon:Yes.
Pieces: Mr. Turrel did you offer to repair the ceiling?
Mr. Turrel: Yes, I did.
Pieces; Has the ceiling been totally repaired?
Mr. Turrel: We on the job!
Ms. Dillon: That was six months ago, they hardly touched it.
Pieces: Why so long to do repairs?
Mr. Turrel: Her home had extensive damage that had to be fixed before we could replace the ceiling. That is why it fell the first time.
Pieces: I will return with my decision.
ANALYSIS:
Ms. Dillon is suing Wingate International because she contracted them to put a new ceiling into her home. The ceiling fell and the defendant claims its not the fault of his company. He blames the owner, as it was the owners home that needed repair in which the owner should have sought prior to attempting repairs to the ceiling. Upon inspection of the home, the house was in solid condition. But it was found that the sheet rock used for the ceiling was part of a recalled batch because of its breakage when used in larger pieces. Wingate International continued to use the sheet rock regardless of danger with regard to the recall in order to save money.
Pieces:The total damage was $22,000 dollars including personal compensation for Ms. Dillon. When I looked at the paperwork submitted you omitted the type of sheet rock used.
Mr. Turrel: I got an answer for that. We use many kinds, so I just put down what we used more of.
Pieces: The pictures here indicate that this was the faulty brand of sheet rock as indicated. I also saw actual evidence that Bone Ripe sheet rock was a recalled product this was the same product used on Ms. Dillon's ceiling. My next question is why did you use such a damaging item for repairs without regard for safety?
Mr. Turrel: Nobody else complained of any problems wit us, she the only one.
Pieces: You don't recall filing for bankruptcy? And why that was, do you?
Mr. Turrel: Im under bankruptcy protection and that's another court and I cannot discuss the issues. Although I am still allowed to remain in business.
Pieces: Well good, because I have a job for you!
IT IS THEREFORE ORDERED, that Wingate International replace Ms. Dillon's ceiling without additional cost to her, with the use of products that are approved only. It is furthur ordered that Wingate International pay all out of pocket costs incurred by Ms. Dillon resulting from the collapsed ceiling. Wingate International will be penalized if this is not done within a two month time frame.
Dated: August 17, 2009 A. Sadiq
On Behalf of Pieces
CIVIL MATTER
Plaintiff
v.
Defendant
Ms. Dillon: They borrowed my stool to set things on. I only went into the main room to retrieve it so that I could use it. That's when the ceiling fell on me.
Pieces: So you just darted in to get something and the whole thing collapsed on you.
Ms. Dillon:Yes.
Pieces: Mr. Turrel did you offer to repair the ceiling?
Mr. Turrel: Yes, I did.
Pieces; Has the ceiling been totally repaired?
Mr. Turrel: We on the job!
Ms. Dillon: That was six months ago, they hardly touched it.
Pieces: Why so long to do repairs?
Mr. Turrel: Her home had extensive damage that had to be fixed before we could replace the ceiling. That is why it fell the first time.
Pieces: I will return with my decision.
ANALYSIS:
Ms. Dillon is suing Wingate International because she contracted them to put a new ceiling into her home. The ceiling fell and the defendant claims its not the fault of his company. He blames the owner, as it was the owners home that needed repair in which the owner should have sought prior to attempting repairs to the ceiling. Upon inspection of the home, the house was in solid condition. But it was found that the sheet rock used for the ceiling was part of a recalled batch because of its breakage when used in larger pieces. Wingate International continued to use the sheet rock regardless of danger with regard to the recall in order to save money.
Pieces:The total damage was $22,000 dollars including personal compensation for Ms. Dillon. When I looked at the paperwork submitted you omitted the type of sheet rock used.
Mr. Turrel: I got an answer for that. We use many kinds, so I just put down what we used more of.
Pieces: The pictures here indicate that this was the faulty brand of sheet rock as indicated. I also saw actual evidence that Bone Ripe sheet rock was a recalled product this was the same product used on Ms. Dillon's ceiling. My next question is why did you use such a damaging item for repairs without regard for safety?
Mr. Turrel: Nobody else complained of any problems wit us, she the only one.
Pieces: You don't recall filing for bankruptcy? And why that was, do you?
Mr. Turrel: Im under bankruptcy protection and that's another court and I cannot discuss the issues. Although I am still allowed to remain in business.
Pieces: Well good, because I have a job for you!
IT IS THEREFORE ORDERED, that Wingate International replace Ms. Dillon's ceiling without additional cost to her, with the use of products that are approved only. It is furthur ordered that Wingate International pay all out of pocket costs incurred by Ms. Dillon resulting from the collapsed ceiling. Wingate International will be penalized if this is not done within a two month time frame.
Dated: August 17, 2009 A. Sadiq
On Behalf of Pieces
In : Orders-09