Spicer Rudstrom attorney Cameron M. Watson recently secured dismissal for his client, Lowe’s Home Centers, LLC, after filing a Motion for Summary Judgment on their behalf.
The Plaintiff, Lee A. Oakley brought suit against Lowe’s Home Centers, LLC, and an independent installer, Fran Harding, for negligent installation of a dishwasher and a water supply hose. As to relevant facts, on March 21, 2013, Lee Oakley purchased from Defendant Lowe’s a dishwasher and a braided stainless steel dishwasher connector, which was subsequently installed by Defendant Fran Harding. As a part of the installation services contract, Mr. Oakley agreed to additional “Terms and Conditions.” Ultimately, on November 7, 2013, a rubber hose that was connected to the kitchen sink faucet allowed a water breach causing damage to Mr. Oakley’s home to the tune of $10,583.82.
Cameron moved the trial court to dismiss this matter based on, inter alia, Plaintiff’s lack of proof regarding the installation of a rubber hose by the Defendants and failure to adhere to the contractual limitations found with the “Terms and Conditions” of the installation contract. After the benefit of extensive briefing, the trial court held that Plaintiff was unable to provide “any fact that shows or allows for a reasonable inference of who installed the kitchen sink faucet or the subject rubber hose that was the cause of Plaintiff’s water damage.” In short, there was no basis to find that the rubber hose was associated in any way to the dishwasher installation.
In light of such holding, Cameron’s Motion for Summary Judgment was granted and the Plaintiff’s claims were dismissed with prejudice in their entirety.