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Date: 11-15-2024
Case Style:
Hudgen LeBlane and Jodi LeBlane v. Residence Doctor Home Inspection, and Terry J. Holder
Case Number: CV-20-900079
Judge: Not Available
Court: Circuit Court, St. Clair County, Alabama
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Pell City, Alabama breach of contract lawyers represented the Plaintiff and Defendants
On June 2, 2020, the LeBlancs filed a complaint in the trial court against the inspection company and Holder, seeking damages they alleged had resulted from Holder's pre-purchase home inspection of a home the LeBlancs had purchased in Moody.
In the complaint, the LeBlancs asserted claims of negligence, wantonness, gross negligence, fraudulent/innocent misrepresentation, suppression, and breach of contract against Holder and the inspection company. The LeBlancs alleged that Holder's inspection report did not inform them of any structural issues with the flooring of the home but, rather, informed them only that Holder had found "microbial growth" on the floor joists in the crawl space and that they should hire a moldremediation specialist to further inspect and remove the microbial growth. The LeBlancs hired a mold-remediation specialist after purchasing the home. The mold-remediation specialist informed them that the home had rotten floor joists in the crawl space, which would cost nearly $40,000 to repair. The LeBlancs alleged that Holder's inspection report neglected to mention rotten and decaying wood floor joists in the crawl space. The LeBlancs alleged that Holder was required to comply with the Alabama Standards and Procedures for Home Inspectors, see Ala. Admin. Code (State Bldg. Comm'n), r. 170-X-25-.01, and that he had breached those standards because he had failed to inform them of structural damage to the home.
The inspection company and Holder denied all claims and subsequently filed a motion for a summary judgment. In the motion, the inspection company and Holder alleged that the LeBlancs had failed to prove that Holder had breached his duty as a home inspector because the LeBlancs had not provided expert testimony regarding the applicable standard of care or Holder's breach of that standard. The inspection company and Holder further alleged that any harm the LeBlancs had suffered was because of the LeBlancs' failure to follow the recommendations in the inspection report to hire specialists (specifically -- electricians, plumbers, HVAC technicians, stone masons, chimney technicians, and mold-remediation specialists) to reexamine areas throughout the home before finalizing the purchase.
LeBlanc v. Residence Doctor Home Inspection, LLC, SC-2023-0843 (Ala. Nov 15, 2024)
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: