Reedy v. Webb

113 S.W.3d 19, 2002 WL 31680823
CourtCourt of Appeals of Texas
DecidedJanuary 9, 2003
Docket12-01-00301-CV
StatusPublished
Cited by12 cases

This text of 113 S.W.3d 19 (Reedy v. Webb) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reedy v. Webb, 113 S.W.3d 19, 2002 WL 31680823 (Tex. Ct. App. 2003).

Opinions

SAM GRIFFITH, Justice.

Donald Reedy (“Reedy”) appeals the trial court’s order granting summary judgment in favor of Crayton Webb (‘Webb”) and Gaylord Broadcasting Company (“Gaylord”) (collectively “Appellees”). Reedy raises four issues on appeal. We affirm.

Background

Webb, a reporter for a Dallas television station owned by Gaylord, reported a story about mold contamination in a house recently purchased by the Kundysek family (the “Kundyseks”). The home was constructed by Reedy’s company, Stone Investments. The nature of Reedy’s business was to buy an older home, tear it down, make additions to the foundation and construct a home on the foundation with the additions. The Kundyseks’ home [21]*21was a remodeled1 home constructed on such a hybrid foundation.

On December 21, 1998, ten days after the Kundyseks moved into their home,2 a substantial water leak developed. The Kundyseks contacted Reedy who sent workers to the house the next morning. However, when Reedy’s workers arrived at the house, the Kundyseks, believing that the pumps Reedy’s crew had brought with them were inadequate, sent the workers away. Reedy contacted the Kundyseks, who informed him that they would rely on their insurance company, Chubb, to clear the water and repair any damage caused thereby.

After extensive research, including interviews with both the Kundyseks and Reedy, Webb’s report was broadcast on the evening news (the “television broadcast”) and posted on the station’s internet site (the “web article”). The substance of the report on the station’s website, which tracks the language of the television broadcast closely,3 is as follows:4

Call for Action: Dallas Family Moves into Contaminated Home
Tuesday September 28,1999
(KTVT) Tonight we have the story of a Dallas family who thought they bought the perfect house in the perfect neighborhood. That is until thousands of gallons of water turned their dream home into a money pit. Call for Action investigator Crayton Webb shows us why this family was forced to leave the house the city says they never should’ve moved into.
“It was our dream house. We wanted to raise our kids here,” said Deeann Kun-dysek.
The house they’d hoped to live in for the next thirty years is now environmentally contaminated.
David and Deeann Kundysek paid nearly a million-dollars last year for a Preston Hollow home, but 10 days after moving in; a joint to the main water line broke, flooding the foundation.
According to engineering reports, 70,-000-gallons of water was underneath the Kundyseks’ house. To give you an idea just how much that is you’d have to fill up a swimming pool more than three times to get that much water.
The Kundyseks immediately called their builder, Don Reedy of Stone Investments. The Kundyseks say Reedy’s men showed up with a small inadequate water pump, so they turned them away and called their insurance company to get the job done quicker.
But within weeks the Kundysek’s daughters began getting sick, 6 month-old, Kennedy, even failed her first hearing test.
[22]*22“I usually don’t see a brand new home like this in this bad of condition,” said Ken McBride, Texas Health Department.
Ken McBride of the Texas Health Department says carcinogenic mold was growing within the home’s walls.
“Some of those molds are extremely bad. They can put you in the hospital permanently,” said Ken McBride. The builder, Don Reedy[,] offered to buy the house back for $550,000. The Kundy-seks’ insurance company, Chubb, has offered $300,000 to fix the house, but there’s no guarantee the mold won’t return.
City records show the Kundysek’s house failed the final plumbing inspection before the deal was closed. The city says the builder never should have allowed the family to move in.
Call for Action couldn’t find the plumber and Don Reedy refused an on camera interview, but he claims the Kundyseks knew of the unfinished inspections and insisted on moving in anyway.
The Kundyseks say they thought their house was brand new. Even the realtors list the house as “quality new construction” built in 1998. But the house was actually a remodel Reedy had used part of the foundation from a previous house that sat on the same lot. “We got a new home with some old parts still mixed in, basically,” said the Kundyseks.
Engineering reports show that old foundation had caused water problems under the house previously and when the 70,-000-gallon leak came.
The Kundyseks’ inspector found poor drainage, a muddy crawlspace and the hardwood floors cupping the month before the family moved in.
Reedy insists the Kundyseks knew they were getting a remodel. He, along with an industrial hygienist he hired, say the mold grew because the family and their insurance company let the water from the leak stand too long. So Call for Action hired our own professional engineer, Ron Reed.
“The old foundation system, the way it was done in this case, essentially destroyed the house,” said Ron Reed, professional engineer.
Our inspector found a number of structural problems under the house. He says the old foundation acted as a dam and trapped the water. Even after a Texas summer, he says the crawlspace is still wet.
Reedy insists the Kundyseks house is a unique case. He provided us a list of satisfied customers, including Terry Clampitt.
“He seems like he was always fair. If it wasn’t fair he would tell me. But usually everything’s been fine. I’ve been really happy,” said Terry Clampitt, Reedy homeowner.
But David and Deeann Kundysek say they will never live in their house again, but they’re still paying for it with their money and with a sick child. “This isn’t supposed to happen when you buy a new house. You’re not supposed to be putting your kids at risk,” said Deeann Kundysek.
Call for Action has learned that the family who lives across the street from the Kundyseks is suing Don Reedy because they also found standing water under their home and mold.
Reedy denies any wrongdoing in that case as well.
If you’re buying a home, new or remodeled, be aware that the City of Dallas does not inform homebuyers if their house has passed all its inspections.
[23]*23You have to contact your builder or the city.

The Kundyseks’ house was ultimately demolished.

Reedy filed the instant suit in May 2000. Appellees filed their motion for summary judgment on February 1, 2001. Reedy amended his petition to include only allegations of libel and slander and responded with supporting evidence to Appellees’ motion for summary judgment. After being reset four times, a hearing on Appellees’ motion for summary judgment was held on June 1, 2001.

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Cite This Page — Counsel Stack

Bluebook (online)
113 S.W.3d 19, 2002 WL 31680823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reedy-v-webb-texapp-2003.