$51K Hardwood Floors


SUMMARY: For $7,000, Steve and Norma Hoffman purchased a Hartco Hardwood Floor product for part of their $750,000 home in Canal Pointe in Little Rock. The flooring was defective and warped and could not be corrected. The flooring company and the installed refused to pay cost-of-repair.

Suit was filed on multiple warranty and product theories, but the matter ultimately went to the jury in warranty. After a three day trial, the jury found Hartco had not breached its express warranty but did find the company breached the implied warranty of merchantability or implied warrant of fitness and gave judgment for the Plaintiffs with damages totaling $23,000.

To that amount, the Trial Judge awarded $28,268.05 in attorneys' fees and costs under the contract statute for a total award of $51,268.05.

CASE NAME / NUMBER: Hoffman v. Hartco Flooring Company, et. al., Pulaski Circuit # CIV 00-96

COURT: Hon. Chris Piazza, Circuit Judge

DEMAND: $41,500

OFFER: $11,000

VERDICT: $51,268.05

EXPERTS: Tom Firstl, an attorney and appraiser, testified as to the "stigma" [diminished value] to the house.

DATE TRIED: The case was tried to a jury, December 10-11, 2001.

REPORTING COUNSEL: Morgan "Chip" Welch and Lloyd "Tre" Kitchens --Eubanks, Welch, Baker & Schulze of Little Rock.

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