IN THE COURT OF COMMON PLEAS OF LUCAS COUNTY, OHIO

HERBERT HOMEOWNER 2345 Drummond Rd. Toledo, OH 43606 Plaintiff,

v.

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Case No. CI- __________________

JUDGE ______________________

COMPLAINT FOR NEGLIGENCE AND BREACH OF CONTRACT

XYZ ROOFING AND SIDING CO., INC. C/O Statutory Agent: Frank Jones 123 Oak Street Toledo, OH 43606 Defendant

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Brandi M. Hintze (0070070) 1796 Indian Wood Circle Maumee, OH 43537 (419) 866-0261 Brandi.Hintze@sctday.edu Attorney for Plaintiff

Now comes Plaintiff, by and through counsel, Brandi M. Hintze, Esq., and alleges the following:

GENERAL ALLEGATIONS

1. That at all relevant times, Plaintiff Herbert Homeowner resides in Lucas County at 2345 Drummond Road, Toledo, Ohio 43606.

2. That at all times material, Defendant XYZ Roofing and Siding Co., Inc. was a domestic corporation licensed to do business in Ohio with the principal place of business being located in Lucas County at 123 Oak Street in Toledo. 3. That on April 8th, 2006, Mr. Homeowner entered into a contract with XYZ Roofing and Siding Co., Inc. to install, repair, and maintain a new roof and gutter system at a property owned by Mr. Homeowner at 2345 Goddard Street in Toledo, OH of Lucas County. (See attached contract as Exhibit A.) 4. That as per the contract, the cost for the installation, repair, and maintenance of the new roof and gutter system was $10,000. This amount was paid in full by Mr. Homeowner on April 15th, 2006. 5. That there is a provision in the contract signed by both parties which provides that XYZ Roofing and Siding Co., Inc. will provide continued maintenance for two years from the date of installation. 6. That on April 22nd, 2006, one week after the work on the new roof and gutter system were completed, there was a heavy storm. Mr. Homeowner was at the Goddard Street residence observing the new gutters drain the rain when a portion of the main gutter fell off the roof and hit Mr. Homeowner in the head. 7. That because of the defendant's negligent and faulty installation and workmanship, Plaintiff was knocked unconscious to the ground by the falling gutter and broke his arm in the fall. 8. That as a proximate cause of the defendant's negligent and faulty installation and workmanship, Plaintiff spent four days in the hospital and incurred medical expenses and lost time from work. 9. That Mr. Homeowner called XYZ Roofing and Siding Co., Inc. and asked them to return to fix the gutter. 10. That XYZ Roofing and Siding Co., Inc. refused to return to fix the gutter as required in the contract.

11. That Plaintiff hired LMN Roofing to repair the gutter. LMN Roofing found the brackets which XYZ used to be inadequately secured and the screws which were used were well below the industry standard.

COUNT ONE: NEGLIGENCE

12. Plaintiff incorporates herein the allegations previously stated in Paragraphs 1 - 11 and further alleges Defendant owed a duty to Plaintiff to properly and safely secure the gutters to the roof in the manner in which the manufacturer intended them to be secured and in accordance with the instructions provided by the manufacturer. 13. Defendant failed to safely and securely install the gutters by knowingly and willingly using only two screws per bracket instead of four screws which the bracket was made to be secured with. As a proximate cause of the defendant's negligent and faulty installation and workmanship, Plaintiff spent four days in the hospital and incurred medical expenses, lost wages, pain and suffering (present and future), and disruption of lifestyle.

COUNT TWO: BREACH OF CONTRACT

14. Plaintiff incorporates herein the allegations previously stated in Paragraphs 1 13 and further alleges Defendant had a duty to honor the contract stipulation which provided for the maintenance of the roof and gutters for two years following their installation. 15. Plaintiff alleges Defendant refused to come back to the Goddard Street house to repair the gutters, thereby breaching the contract with Mr. Homeowner. 16. As a result of Defendants refusal to honor the contract and fix the gutter system, Plaintiff hired LMN Roofing to repair the damage at the cost of two thousand dollars which Plaintiff paid on May 8, 2006.

WHEREFORE, Plaintiff respectfully prays for judgment on the above mentioned counts against Defendant XYZ Roofing and Siding Co., Inc. for an award of damages in a sum of money in excess of Twenty-five Thousand Dollars, adequate to compensate him for the repair of the gutters, his lost wages, and his medical bills plus attorneys fees, court costs, and such other relief as the Court deems just and equitable.

Respectfully submitted, Brandi M. Hintze, Esq. ___________________________ Attorney for Plaintiff 1796 Indian Wood Circle Maumee, OH 43537