FUCK!

[froggorino]

thanks for the advice - how do we reparations for the trauma and inconvenience of having our BRAND NEW kitchen flooded?

It would be very hard to recover damages for trauma and inconvenience.

Under Intentional (or Reckless) Infliction of Emotional Distress, you must prove the lawn company's conduct was extreme and outrageous and was done with the intent to cause severe emotional distress. You should note that "extreme and outrageous" is defined as "conduct beyond all possible bounds of decency and regarded as atrocious and utterly intolerable in a civilized community."

And although there is NEGLIGENT Infliction of Emotional Distress (which may be easy to prove in your case), I don't believe this theory of law is recognized in Texas. But then again, I don't live or practice in Texas so I'm not 100% sure.

breaking a pipe and being too much of a dumbass to turn the water off in a timely manner is pretty uncivilized, I'd say. It takes a lot of water to cause the kind of damage that a restoration team is required for. as a realtor, i would argue that this was really negligent. really negligent.

[jbfromoc]

thanks for the advice - how do we reparations for the trauma and inconvenience of having our BRAND NEW kitchen flooded?

It would be very hard to recover damages for trauma and inconvenience.

Under Intentional (or Reckless) Infliction of Emotional Distress, you must prove the lawn company's conduct was extreme and outrageous and was done with the intent to cause severe emotional distress. You should note that "extreme and outrageous" is defined as "conduct beyond all possible bounds of decency and regarded as atrocious and utterly intolerable in a civilized community."

And although there is NEGLIGENT Infliction of Emotional Distress (which may be easy to prove in your case), I don't believe this theory of law is recognized in Texas. But then again, I don't live or practice in Texas so I'm not 100% sure.

breaking a pipe and being too much of a dumbass to turn the water off in a timely manner is pretty uncivilized, I'd say. It takes a lot of water to cause the kind of damage that a restoration team is required for. as a realtor, i would argue that this was really negligent. really negligent.

I agree, but the Infliction of Emotional Distress (trauma associated with a tortious act) must be intentional (or reckless). I don't believe negligent behavior is sufficient to recover under emotional distress in Texas. However, squeezle and aquaphase may want to consult with a TEXAS attorney to discuss their legal rights and options. Unfortunately, it's probably going to be tough enough just getting the insurance company to fix the actual physical damage properly in the first place.

EDIT: You should also note that emotional distress claims are not usually recoverable for torts against property, but that's a whole other discussion for another time. However, I'm linking some case law which is I believe is very relevant. You can read it here:

http://caselaw.lp.findlaw.com/scripts/g ... vol=96-192

It's from Wyoming, but I'm pretty sure the same ruling would occur in Texas. Then again, you really can't be sure of anything when it comes to Texas.

[monet2u]

ooo ouch

[Steveums]

Squueeeezle
I'm sorry to hear about your super kitchen getting ruined. I hope it gets fixed again sooon.

[mere1975]

Hey JB,

I just used findlaw.com for a presentation I did about Kareem Abdul-Jabar's right of publicity case when GM used his birthname in an Oldsmobile ad. Good site.

- Mere "Lew Alcindor" 1975

[jbfromoc]

Hey JB,

I just used findlaw.com for a presentation I did about Kareem Abdul-Jabar's right of publicity case when GM used his birthname in an Oldsmobile ad. Good site.

- Mere "Lew Alcindor" 1975

You may know him as Lew Alcindor, but for me he'll always be:



EDIT: Click Here For Some Kareem Video Goodness

[zenmomma]

Squeezle...

I hope they get it looking nice and new and pretty for you soon.

[froggorino]

how is it going in the kitchen?

[aquaphase]

Well, we are down to just 3 cyclone fans and the dehumidifier, but the cabinets in one section are still 100% saturated. They had to perforate the newly textured walls in a few areas; as well as remove the baseboards and drill holes in a couple of other areas. The guesstimate is that they'll take out the fans towards the end of this week, but we are going to have to wait until our designer gets back with us on the options we have for replacing the cabinets and getting the walls redone.

This is the biggest can of suck.

[zenmomma]

I just hope they pick up your "dining out" tab until they get it sorted for you.

Sounds like a major pain in the ass!

[sam]

I just hope they pick up your "dining out" tab until they get it sorted for you.

No shit. Keep those receipts from Stephan Pyles and Aurora!