Kyle Barnett Feb. 5, 2015, 3:10pm


GRETNA – A flooring company is being sued by a pair of homeowners who claim wood flooring they purchased was not properly installed and has failed just over a year later.

Sheri Murray and David Stewart filed suit against Elliot Carpet Sales Inc. in the 24th Judicial District Court on Dec. 5.

The plaintiffs contend they entered into a contract with Elliot Carpet Sales Inc. for the purchase and installation of wood flooring in their home located at 11 Waverly Place in Metairie for a price of $17,630 for the materials plus $784 in labor. Murray and Stewart assert with the installation and materials they purchased a moisture barrier that should have been installed with the flooring. However, the plaintiffs claim that nearly a year later in March 2014 they noticed buckling in the wood flooring. They say they informed the defendants about it, but they blamed it on the glue used in the job and purportedly repaired the floor on April 21, 2014.

On June 26, 2014 Murray and Stewart allege they noticed another trouble spot on the floor and again called Elliot Carpet Sales Inc., but did not receive a response until a month later. The plaintiffs claim that after a second attempt the defendants were unable to repair the damaged flooring and in fact left it in worse condition.

The defendant is accused of breach of contract.

An unspecified amount in damages is sought for a new floor installed by a competent crew.

Murray and Stewart are represented by J. Kendall Rathburn of Metairie-based Dwyer, Cambre & Suffern.

The case has been assigned to Division M Judge Henry G. Sullivan Jr.

Case no. 744-896.

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