Lamar and Smith v. Shockley and Complete Inspection Services, Inc.

Docket Number: 04CV223043
Judge: The Honorable John R. O'Malley, Div. 6

Plaintiff's Attorney: Gary A. Schafersman, Wallace, Saunders, Austin, Brown & Enochs
Type of Claim: Breach of Contract and Negligence

Facts: Plaintiffs, husband and wife, purchased a home which had been inspected by Defendant Shockley.  Home inspector Shockley is the owner of Defendant Complete Inspections Services, Inc.  Plaintiffs claimed Defendant failed to discover displaced foundation walls which were located behind panelling.  Approximately 60% of the basement walls were panelled.  Plaintiffs also claimed Defendant should have taken additional steps to inspect those basement walls which were covered.  Defendant claimed that under the American Society of Home Inspectors (ANSI) standards Defendant was required to inspect accessible components only.  Defendant claimed he advised Plaintiffs to spot check behind the panelling and if Plaintiffs had followed his advice the defects would have been found.  Finally, Defendant claimed he advised PLaintiffs that he could not render an opinion on the condition of the basement walls and Plainiffs accepted Defendant's report with this limitation.

Damages Alleged: $40,000 reduced value of home; $20,000 foundation repair costs.

Demand before trial: No negotiations.
Offer before trial: No negotiations.
Verdict: Defendant found 100% at fault.  $28,215 for Plaintiffs in breach of contract claim; $12,000 in negligence claim.  Plaintiffs are entitled to recover only one claim.  Net recovery to Plaintiffs $28,215 according to Plaintiff's attorney; $12,000 according to Defendant's attorney.

© 2005 Wallace, Saunders, Austin, Brown, and Enochs