Date: 01-31-2012

Case Style: Integrity Roofing, LLC v. Manooch Kahesk d/b/a K&K Construction

Case Number: CJ-2010-9892

Judge: Bryan C. Dixon

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: John B. Hayes

Defendant's Attorney: Matthew J. Graves

Description: Integrity Roofing, LLC sued Manooch Kahesk d/b/a K&K Construction claiming that in 2009 Defendant breach an agreement between them for roofing work performed on a building in Oklahoma City. Plaintiff claimed that Defendant agreed to pay a total of $35,000 for the materials and work including a $10,000 down payment. Plaintiff asserted that Defendant gave it a check for $20,000 but stopped payment on the check. Plaintiff sought damages of $35,750 plus accrued and accruing pre-judgment interest, court costs and reasonable attorney fees under 12 O.S. 936.

Defendant answered and admitted that it did enter into a contract with Plaintiff but counterclaimed claiming that Plaintiff did not complete the work in a good and workmanlike fashion. Defendant further claimed that Plaintiff did not remedy defects in the work performed by it and that as a result it would cost $59,761.14 to tear off the existing roof and properly install a new roof.

Outcome: DIXON: MATTER COMES ON FOR DAY THREE OF JURY TRIAL. ALL PARTIES PRESENT. COURT INSTRUCTS THE JURY AS TO THE JURY INSTRUCTIONS. BOTH PARTIES MAKE CLOSING ARGUMENTS. JURY RETIRES TO DELIBERATE. JURY RETURNS BLUE VERDICT FORM AS TO PLAINTIFFS CLAIM FOR BREACH OF CONTRACT AS TO ROOFING CONTRACT CLAIM FOR THE SUM OF THIRTY FIVE THOUSAND DOLLARS, ($35,000.00), SIGNED BY THE JURY FOREPERSON. JURY RETURNS BLUE VERDICT FORM AS TO DEFENDANT'S COUNTERCLAIM FOR BREACH OF CONTRACT CLAIM AS TO GUTTER REPAIRS FOR THE SUM OF NINE HUNDRED SEVENTY NINE DOLLARS AND SEVENTY THREE CENTS, ($979.73) SIGNED BY THE JURY FOREPERSON. JURY RETURNS PINK VERDICT FORM AS TO PLAINTIFF'S CLAIM FOR BREACH OF CONTRACT AS TO REMEDIAL ROOFING REPAIRS IN FAVOR OF THE DEFENDANT, SIGNED BY THE FOREPERSON. JURY RETURNS PINK VERDICT FORM ON DEFENDANT'S COUNTERCLAIM FOR BREACH OF CONTRACT AS TO ROOFING CONTRACT IN FAVOR OF THE PLAINTIFF, SIGNED BY THE FOREPESON. COURT IS ADJOURNED. COURT REPORTER PAM HARTWICK.

Plaintiff's Experts:

Defendant's Experts:

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