Cascio v. Carpet

968 So. 2d 844, 2007 WL 3087134
CourtLouisiana Court of Appeal
DecidedOctober 24, 2007
Docket42,653-CA
StatusPublished
Cited by10 cases

This text of 968 So. 2d 844 (Cascio v. Carpet) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cascio v. Carpet, 968 So. 2d 844, 2007 WL 3087134 (La. Ct. App. 2007).

Opinion

968 So.2d 844 (2007)

Rodric CASCIO and Sue Ellen Cascio, Plaintiffs-Appellants
v.
Henry Hays CARPET and Decorating, LLC, Defendant-Appellee.

No. 42,653-CA.

Court of Appeal of Louisiana, Second Circuit.

October 24, 2007.

*846 Donald L. Kneipp, Monroe, for Appellants.

Hayes, Harkey, Smith & Cascio, by Thomas M. Hayes, III, Monroe, for Appellee.

Before STEWART, PEATROSS and LOLLEY, JJ.

STEWART, J.

In this breach of contract case, Dr. Rodric Cascio and his wife, Sue Ellen Cascio, ("the Cascios") appeal a judgment denying their claim for damages due to the failure of the defendant, Henry Hays Carpet and Decorating, L.L.C., ("Henry Hays") to install wood floors in a workmanlike manner or to remedy the defects. Finding no manifest error in the trial court's judgment, we affirm.

FACTS

On April 8, 2003, the Cascios contracted with Henry Hays for the purchase and installation of brick-style pavers in the kitchen and breakfast areas of their home and wood flooring in their living room, dining room, foyer, hall, and utility room. The total contract price was $19,920.94. The Cascios paid $9,960.47 upon signing the contract. No specifications were provided in the contract, other than the flooring material to be used and the requirement that Henry Hays pull up the existing flooring.

Henry Hays' installer, Matt Marble, began the job shortly after the contract was signed and last worked on or about May 22, 2003. The Cascios were unhappy with the finished product and the time it took to complete the installation. They did not like the three-quarter inch round shoe molding used to trim the area between the floor and baseboards and claimed that this molding, rather than their preferred one-quarter inch molding, was required due to excessive gaps left between the wood planks and baseboards. They also complained that the door jambs and plinth *847 blocks were cut too high and that thresholds and trim around the fireplace and stairs were not installed in a workmanlike manner. The Cascios noticed gaps between and at the ends of planks, and they found hollow spots where the wood planks did not adhere to the slab.

When Henry Hays was unable to remedy the defects to the Cascios' satisfaction, they filed suit on October 13, 2003, alleging breach of contract and seeking the return of what they had already paid, the cost to remove and replace the flooring, damages for emotional distress and mental anguish, as well as attorney's fees and costs. Henry Hays filed a reconventional demand seeking the balance of $9,960.47 due on the contract and alleging the work was done properly. The matter proceeded to a bench trial.

Trial Testimony

According to the Cascios, they decided to replace the floors in their downstairs living area after an overflow drain in an upstairs bathroom malfunctioned and caused water damage to the wood floors in their foyer. Though the Cascios ultimately contracted with Henry Hays, Dr. Cascio testified that they first selected the wood flooring they liked, a Harris-Tarkett engineered wood product in a Brazilian cherry finish, at another store. The finish was their only consideration in selecting the new wood floor.

The Cascios told Donna Bonnette, a Henry Hays salesperson, that they wanted everything to be exactly the same. She assured them that it would look the same and even better. Bonnette told them the work would take eight to ten days and that Henry Hays' best installer would be on the job.

The work began sometime between April 9, 2003, and April 14, 2003. The installers moved the Cascios' furniture and tore out the old wood floor that had been glued down to the slab before installing the new floors. Dr. Cascio described the "horrible, filthy, awful" conditions they endured while the work was underway-furniture crammed in rooms, splinters on the floors, stickiness, having to hop across the rooms on carpet squares, and dust everywhere. They were unable to park their cars in their garage during this time because materials and supplies were stored there. The prolonged installation process interfered with plans for a number of family events, including their son's confirmation and eighth grade graduation, their daughter's kindergarten graduation, and Mrs. Cascio's mother's birthday and fiftieth wedding anniversary. However, the Cascios' testimony indicated that some of these events may have occurred during the early days of the installation and some as late as July.

During the installation of the wood floors, Mrs. Cascio noticed that some planks were not sticking to the slab. Problems also arose due to the new flooring being thicker than the original floors in the Cascio home. Wherever the new flooring met another material, such as at thresholds between rooms and at the marble tiles surrounding the hearth, wood trim had to be installed as a transition, whereas the original wood floor had been installed flush with the other flooring materials and the marble hearth. Dr. Cascio testified that the trim work was poorly done. Some of it broke repeatedly, and the plinth blocks were cut too high. Molding was left unpainted and glue residue was left behind. The Cascios had previously had quarter-inch round shoe molding where their six-inch baseboards met the old floors. However, three-quarter inch shoe molding was installed to cover the gap between the new flooring and the baseboard. The Cascios found the larger shoe molding, which was a half an inch higher *848 on the baseboard than the old molding, to be out of proportion to the baseboard and aesthetically unappealing. It was also improperly installed, glued to the slab in one area, and not even attached in some areas. Lastly, the Cascios noticed both hollow spots and some gaps where the ends of the planks met and between the planks. Photographs of the poor trim work and of credit cards propped between the gaps were introduced into evidence.

To address the problems with the installation, Mrs. Cascio met with Donna Bonnette, Paula Lyles, who was another Henry Hays employee, and Irene Sartori of Bolick, the Harris-Tarkett distributor. Though the Cascios agreed to allow five additional days for the installer to remedy the problems, nothing was completed to their satisfaction. No additional work was done after May 22, 2003. Dr. Cascio's testimony on cross-examination established that most of the deficiencies could be repaired. However, the Cascios rejected an offer by Henry Hays of $1,500 off their balance to have the repairs made.

At the Cascios's request, Chris Sullivan, the carpenter who had done the trim work when their house was built, gave an estimate of $1,300 to replace the three-quarter inch round shoe molding with quarter inch molding and to replace the plinth blocks and T-molds at doorways. Sullivan recommended placing new marble tiles over the existing marble to make the hearth flush with the floor. However, none of the work was done. When Sullivan attempted to replace the shoe molding, the smaller size did not cover the gap between the edge of the floor and the baseboard. Sullivan testified that he had used the smaller shoe molding on floors of similar thickness to that installed in the Cascios' home, and he believed that the new flooring would have to be completely removed and replaced in order to correct the deficiencies. However, Sullivan had no expertise in floor installation and no familiarity with the Harris-Tarkett flooring.

When Donna Bonnette went to the Cascios' home to measure the job, she informed Mrs. Cascio that transition pieces would be required at the hearth and at doorways where different flooring materials met. Although Mrs.

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Bluebook (online)
968 So. 2d 844, 2007 WL 3087134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cascio-v-carpet-lactapp-2007.