GMR Partner Warren Holland defended an appliance store and installation contractor against claims that the contractor caused property damage and personal injury. The plaintiffs purchased new kitchen appliances from an appliance store, and the appliance store hired a contractor to complete the installation. The installation required the contractor to cut the plaintiffs’ granite countertop. The plaintiffs alleged that the contractor failed to warn them that cutting the countertop would create dust. The plaintiffs also alleged that the contractor failed to secure the worksite properly, and as a result, granite dust infiltrated the entire house causing extensive property damage. Plaintiffs further claimed that so much dust accumulated on the kitchen floor that one of the plaintiffs slipped and hit her head on the countertop, causing a serious eye injury that required surgery to repair. They sought significant damages for both the alleged property damage and personal injuries.
During the four-day trial, Warren challenged the plaintiffs’ allegations and presented evidence undermining the plaintiffs’ claims. The Court dismissed one of Warren’s clients, the appliance store, before the verdict due to lack of evidence. After relatively short deliberations, the Nassau County, New York, jury found that the other client, the kitchen contractor, was not negligent.