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November 2006 Archives

November 13, 2006

Stephens v. Inspection Center

Alleged negligent home inspection results in defense verdict

Facts: Plaintiffs retained Inspection Center to conduct a home inspection prior to the purchase of a home in Dade County, Georgia. Following the inspection, Plaintiff’s purchased the home for $375,000. Following the purchase, Plaintiffs found numerous problems, including unrepaired attic leaks, mold in the crawl space and other issues. Inspection Center argued that Plaintiffs’ claims against Inspection Center were governed by the signed inspection contract, which had a $275 liquidated damages clause. Plaintiffs argued that Inspection Center was grossly negligent in its inspection of the home thereby nullifying the liquidated damages clause and entitling Plaintiffs to compensatory damages to repair the home and for attorney’s fees and expenses of litigation.

Alleged injury/damages: Diminished home value, cost of repair, expenses of litigation and punitive damages.

Last offer/Last demand: Plaintiff demanded $150,000. Defendant offered $25,000.

Result: Defense verdict

Court: Superior Court of Whitfield County, Georgia

Attorneys: Mike Crawford and Cindy Griffin for defendants; Skip Patty for plaintiffs