Chelsea Partington Jul. 10, 2014, 7:38am


NEW ORLEANS – A woman is suing Sears, the companies contracted to repair her roof and a repairman for allegedly completing the job in an inadequate manner using inadequate materials.

Tammy M. Stewart filed suit against Sears Home Improvement Productions, Magnolia Roofing & Exteriors, Inc., Crawford & Company and Moises B. Silva in the Orleans Parish Civil District Court on March 19.

Stewart claims that on Aug. 19, 2011, she hired Sears to replace the roof on her residence at 4611 Lennox Blvd. in New Orleans. The contract allegedly specified that 25-year roof shingles were to be used. Magnolia Roofing and Exteriors, a subcontractor for Sears, allegedly installed a new roof in October 2011.

The plaintiff contests that the installation was faulty from the outset.

Stewart claims that she complained to Sears multiple times before being re-directed to a local office. On Oct. 7, 2011, Stewart asserts that she forwarded photographs of her roof to a representative, to then be informed that an independent inspector would be taking pictures and submitting them to Sears.

On Jan. 9, 2013, Stewart claims that she noticed water leaking from a chandelier hanging in her foyer and water stains appearing on the ceiling in the foyer area. The plaintiff asserts that there were also missing shingles on her roof. She allegedly filed a request with Sears to repair the roof under warranty.

Moises B. Silva, a repairman hired by Sears, allegedly arrived at Stewart's home on Jan. 10, 2013 to patch the roof with the goal of preventing further water damage.

 After completing the patch, Glenn Jones allegedly gave Silva access to the attic without consulting or informing Stewart. Silva and/or a Sears supervisor allegedly requested that Jones show Silva the damage to the attic area.

The petition states that due to the poor construction and installation of the roof by Sears and/or Magnolia, rain water was allowed to damage the roof, attic, and ceiling, which caused joists, sheet rock, plywood, soffit and facia, insulations and ceiling to receive rain water over a period of time, which was the alleged cause of Stewart's damages.

According to the suit, Jones himself sustained serious bodily injuries on Jan. 10, 2013 as a result of the hazardous conditions in the attic.

 Stewart claims that after unsuccessful attempts to have Sears complete repairs on her home, she contracted another company to replace her roof. Stewart alleges that upon inspection of her roof, the company informed her that the roof had been shingled with 15 year shingles, rather than the 25 year shingles she had signed a contract for. The new construction company allegedly reported inferior workmanship and faulty construction and installation in October 2011.

On Jan. 17, 2013, Stewart claims to have faxed the contractor's estimate of the roof and a request for reimbursement for the amount paid for the roof and interior repairs to a Sears representative.

On Jan. 18, 2013, the plaintiff asserts that she was contacted by the Sears Claims Department. It allegedly informed her that a claim file was being opened for Stewart's damages. On Jan. 21, 2013, Stewart claims that she had a phone conversation with her Sears-appointed claim adjuster, and on Jan. 28, 2013, the plaintiff says that she submitted a demand letter for reimbursement.

At the time of the suit's filing, Stewart had not received an answer, the complaint says.

The plaintiff is seeking an unknown amount in damages for past, present, and future mental and emotional suffering and anguish, past and future loss of wages, additional replacement and repair of home, past, present, and future inconvenience, as well as exemplary or punitive damages, including attorney's fees and costs.

Stewart is being represented by lawyer Larry M. Aisola Jr.

The case has been assigned to Division H Pro Tempore Judge Val P. Exnicios.

Case no. 2014-02765.

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