NEW ORLEANS - One of New Orleans premier historic architects has filed a lawsuit against a window company for installing shutters on his house that do not provide protection from high winds.
Robert J. Cangelosi Jr. filed a lawsuit against New Orleans Hurricane Shutters and Windows on Feb. 14 in federal court in New Orleans.
According to the lawsuit, Cangelosi entered into a sales agreement with the defendant on Feb. 14, 2011 to install shutters on his residence in New Orleans. The agreement was funded by money Cangelosi received from FEMA's Hazard Mitigation Grant Program.
The installed shutters failed to fit the openings and lacked any mechanism by which they could be secured, Cangelosi claims. He states that the shutters as fabricated and installed do not provide protection from high winds as detailed by the FEMA grant program.
Attempting to remedy the problem, Cangelosi called New Orleans Hurricane Shutters and complained about the shutters' fabrication and installation.
Over the next several weeks, he called and complained about the shutters but received no response from the company, he claims. Due to his dissatisfaction, he withheld the remaining $3,750 balance that was due.
In August, Cangelosi states he received a demand-for-payment letter from an attorney for New Orleans Hurricane. After receiving the letter, he called the company again and was told that New Orleans Hurricane would not fix the shutters' problems.
After being accused of committing a crime, he paid the remaining balance.
In order to satisfy his needs and the requirements of the FEMA grant program, Cangelosi states that he would have to have the shutters removed and new ones made and installed by another company.
The defendant is accused of defamation, extortive threats, breach of contract, and violations of the Fair Collection Practices Act, the Louisiana Unfair Trade Practices Act, and violations of other Louisiana civil codes.
The plaintiff is asking for a full refund of the $7,500 paid to New Orleans Hurricane, an award of damages and penalties under the Fair Debt Collection Practices Act, damages for tortious conversion, defamation, humiliation, loss of enjoyment of life, and for mental anguish, plus interest, court costs and attorney's fees.
Cangelosi is represented by Sally D. Fleming and Owen M. Courreges of the Law Offices of Sally Dunlap Fleming in New Orleans.
U.S. District Judge Helen G. Berrigan is assigned to the case.
Case No. 2:12-cv-00427