Date: 08-28-2014

Case Style: Philadelphia Indemnity Insurance Company v. Richards Plumbing Services, Inc.

Case Number: CJ-2012-1164

Judge: Lori Walkley

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Brock Bowers, Mark W. Moran and Misty Escobedo

Defendant's Attorney: Logan Johnson and Weston White

Description: Plaintiff, Philadelphia Indemnity Insurance Company, as subrogee of Crossroads Youth and Family Services, Inc. (“Philadelphia” or “Plaintiff’), for its Petition against Defendant Richards Plumbing Service, Inc. (“Richards” or “Defendant”), alleges and states as follows:
I. PARTIES, JURISDICTION. AND VENUE
1. Plaintiff Philadelphia is an insurance company licensed and authorized to engage in the business of insurance in the State of Oklahoma. At the time of the incident made the basis of this lawsuit, Philadelphia provided commercial property insurance to Crossroads Youth and Family Services, Inc. (“Crossroads”) covering its building located at 312 N. Janeway, Moore, Cleveland County, Oklahoma (the “Crossroads Property”).
2. Defendant Richards is a domestic for-profit corporation having its principal
place of business at 7971 139th Street, Noble, Cleveland County, Oklahoma. At the time of the incident made the basis of this lawsuit, Richards was engaged in the business of providing plumbing services. Richards may be served by serving its registered agent Larry E. Richards at 7851 139th Street. Box 8. Noble, Oklahoma 73068 or wherever found.
3. This Court has jurisdiction over this dispute because the Defendant’s principle place of business is in Cleveland County.
4. This Court is the appropriate venue for this dispute because all or a substantial part of the events giving rise to the claim occurred in Cleveland County, Oklahoma.
II. FACTS
5. At all times material to this action, Crossroads operated a youth services facility out of the Crossroads Property. On or before February 3, 2011, Crossroads hired Richards to, among other things, design and install a domestic water piping system at the Crossroads Property.
6. On or about February 3, 2011, a water loss occurred at the Crossroads Property when the domestic water piping froze and broke. Richards caused the loss due to its acts and!or omissions when it designed and installed the subject system.
7. The water loss caused significant damages to Crossroads’ real and/or business property which Philadelphia paid pursuant to its policy of insurance. As a matter of law and equity, Philadelphia is subrogated to the rights of its insured, for the sums paid as a result of the damage caused by the incident, as described herein, and is subrogated to any right of any recovery or cause of action that the insured has for said damage.
Ill. CAUSES OF ACTION
COUNT I — NEGLIGENCE
8. At the time of the incident, Richards owed a duty to Crossroads to exercise reasonably prudent and ordinary care in the design and/or installation of the domestic water piping system. Defendant violated this duty by negligently designing and/or installing the domestic water piping system and by failing to act as a reasonably prudent person would have under the same or similar circumstances. Defendant’s negligent acts or omissions are, among other things:
a. Failing to design and/or install the subject system in a reasonable and/or safe manner;
b. Failing to provide, establish, and/or follow proper and adequate quality control methods and procedures to provide a reasonably safe domestic water piping system;
c. Failing to hire and/or employ competent agents, servants, employees, vendors, contractors, or subcontractors to perform the design and/or installation of the domestic water piping system;
d. Failing to properly, adequately and safely supervise, train, and instruct the activities of its agents, servants, employees, vendors, contractors, or subcontractors during the work necessary to perform the design and/or installation of the domestic water piping system;
e. Failing to act as a reasonably prudent person would have under the same or similar circumstances; and
f. Otherwise failing to use due care under the circumstances.
9. Each of Defendant’s above-referenced acts and/or omissions, singularly or in combination with others, constituted negligence, which proximately caused the Plaintiffs unliquidated damages, which are in excess of the minimum jurisdictional limits of this Court.
COUNT II— BREACH OF EXPRESS AND IMPLIED WARRANTY
10. Plaintiff pleads, restates, and realleges the previous paragraphs above as if set forth fully herein and would further show the Court as follows:
11. At all times relevant hereto, Defendant was in the business of designing and/or installing domestic water piping systems. Defendant provided services with regard to the design and installation of the domestic water piping system at the Crossroads Property.
12. At all material times, Defendant expressly and/or impliedly warranted the services they provided were performed in a good and workmanlike manner. Moreover, Defendant warranted that the domestic water piping system that it sold was merchantable and fit for its intended purpose.
13. By providing design and/or installation services which were not performed in a good and workmanlike manner, and/or selling a product that was not merchantable or fit for its intended purpose, Defendant breached these express and/or implied warranties. In particular, Defendant breached these warranties in one or more of the following respects:
a. Failing to design and/or install the subject system in a reasonable and/or safe manner;
b. Failing to provide, establish, and/or follow proper and adequate quality control methods and procedures to provide a reasonably safe domestic water piping system;
c. Failing to hire and/or employ competent agents, servants, employees, vendors, contractors, or subcontractors to perform the design and/or installation of the domestic water piping system;
d. Failing to properly, adequately and safely supervise, train, and instruct the activities of its agents, servants, employees, vendors, contractors, or subcontractors during the work necessary to perform the design and/or installation of the domestic water piping system;
e. Failing to act as a reasonably prudent person would have under the same or similar circumstances; and
f. Otherwise failing to use due care under the circumstances.
14. Each of the above-referenced acts and/or omissions, singularly or in combination with others, constituted a breach of the above express and/or implied warranties on the part of Defendant, its agents, servants, subcontractors, and employees, which directly and/or proximately caused the water loss and Plaintiffs resulting damages in an amount in excess of the minimum jurisdictional limits of this Court, exclusive of interest and costs.
VII. COUNT III — BREACH OF CONTRACT
15. Plaintiff pleads, restates, and re-alleges the previous paragraphs above as if set forth fully herein and would further show the Court as follows:
16. Prior to the incident made the basis of this lawsuit, Plaintiff contracted with Defendant to design and/or install the domestic water piping system at the Crossroads Property. Defendant breached the contract in one or more of the following respects:
a. Failing to design and/or install the subject system in a reasonable and/or safe manner;
b. Failing to provide, establish, and/or follow proper and adequate quality control methods and procedures to provide a reasonably safe domestic water piping system;
c. Failing to hire and/or employ competent agents, servants, employees, vendors, contractors, or subcontractors to perform the design and/or installation of the domestic water piping system;
d. Failing to properly, adequately and safely supervise, train, and instruct the activities of its agents, servants, employees, vendors, contractors, or subcontractors during the work necessary to perform the design and/or installation of the domestic water piping system;
e. Failing to act as a reasonably prudent person would have under the same or similar circumstances; and
f. Otherwise failing to use due care under the circumstances.
17. Each of the above-referenced acts and/or omissions, singularly or in combination with others, constituted a breach of contract on the part of Defendant, which directly and/or proximately caused the water loss and Plaintiff’s resulting damages in an amount in excess of the minimum jurisdictional limits of this Court, exclusive of interest and costs.
IV. RESERVATION OF RIGHTS
18. Plaintiff reserves the right to bring additional causes of action against Richards and/or others, and to amend this Petition, pursuant to the Oklahoma Rules of Civil Procedure.
V. PRAYER
19. WHEREFORE, PREMISES CONSIDERED, Plaintiff Philadelphia Indemnity Insurance Company as subrogee of Crossroads Youth and Family Services, Inc. prays that Defendant Richards Plumbing Service, Inc. be cited to appear and to answer herein and that upon final hearing, the Court enter judgment against Richards as follows:
a. In relation to Count I, judgment against Richards for negligence in a sum in excess of the jurisdictional limits of the Court;
b. In relation to Count II, judgment against Richards for breach of express and/or implied warranties in a sum in excess of the jurisdictional limits of the Court;
c. In relation to Count III, judgment against Richards for breach of contract in a
sum in excess of the jurisdictional limits of the Court;
d. Compensatory damages and/or economic damages, including, but not limited
to, damages for repair to real and/or personal property;
e. A reasonable attorney fee;
f. Interest rate allowable by law from the date of loss, February 3, 2011, to the date ofjudgment;
g. Interest thereafter at the statutory rate;
h. Costs of court; and
i. For such other and further relief, general or special, at law or in equity, to which Central is entitled.

Outcome: CØME NOW Plaintiff, Philadelphia Indemnity Insurance Company, as Subrogee of Crossrads Youth and Family Services Inc., and its attorney of record, Misty M. Escobedo and dismiss the above-entitled and numbered, cause with prejudice to the refiling of ame.

Plaintiff's Experts:

Defendant's Experts:

Comments: