Remember 9-16-06? Here is an interesting lawsuit.

If poor construction is the reason for the lawsuit, then a co-defendant should be the city (specifically the building inspectors). They have to sign off on the construction, starting with the floor plans and ending with the issuing of the Certificate of Occupancy.

I agree that the anchoring of houses is an issue, but not the builder's fault. If you want all homes anchored, you need to work on changing the building code. But keep in mind, every law or code you add to construction will only drive up the cost.
 
I want to start off by saying I am sad someone lost their life. I remember this story from when it happened, and didn't it even prompt a senator to call out the NWS for lack of warning?

So they are saying that the poor construction was due to bolting in the garage or am I missing something? Did they not have a basement? If you watch the video provided in the link above, they said she was killed rushing to a NEIGHBORS home. Yes it is a sad event, but faulty construction aside.....why not huddle in an interior closet or a basement or bathtub instead of flee. Even with the lack of warning, if you can hear or see conditions deteriorating outdoors, why risk it and run outside anyway? I am not sure construction caused a wrongful death more than lack of knowledge of what to do in that situation.
A trial will begin Monday in a wrongful death suit filed against Monarch Homes. Brooks Builders, and Consolidated Concrete and Masonry are also named as 3rd party defendants.
 
Actually it is odd...... in the article it says

All four people in the home were on their way to the basement when the tornado lifted the home off its foundation and crushed Jaymi, lawyers for the plaintiff say.

BUT at the 1:20 - 1:25 mark of the video it says "10 year old Jaymi Wendt was killed when she tried to rush down to the basement of a NEIGHBORS HOME" so either the media has its' facts screwed up or they were really fleeing to a neighbors home which could damage their case.
 
Her 10-yr old daughter was killed, possibly due to faulty construction. Calling her a "jerk" is probably not the response I'd expect to see on ST...

Not often I'll agree with Rob but he is dead one with this. Being a little presumptuous there Dennis without having the facts. Spend some time on Google in regards to what went on after the Rogers event and I think you'll rethink your calloused response.

Actually it is odd...... in the article it says
BUT at the 1:20 - 1:25 mark of the video it says "10 year old Jaymi Wendt was killed when she tried to rush down to the basement of a NEIGHBORS HOME" so either the media has its' facts screwed up or they were really fleeing to a neighbors home which could damage their case.

She and her brother were babysitting at the neighbors...which ended up being the structure in question.

After talking with the some people who may end up be subpoenaed for testimony, there evidently is no precedent case for something like this. I intend on attending the closing arguments when that time comes. Even with a likely lengthy appeals process in the the event the court rules in favor of the plaintiff, I can about imagine the floodgate which could open. If nothing else, it may force builders to tighten up the QC on their craftsmanship?
 
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If you've ever heard Tim Marshall speak about what he's found after a tornado rips apart a neighborhood, this lawsuit is certainly viable. In my opinion, construction companies need to be held accountable for cutting corners to save time and money. Even building a house to "code" is not good enough because just building it to code is the lowest standard that you can build a house to.

I'd like to see hurricane clips on roofs be mandatory in new construction but I doubt that will ever happen.
 
Not often I'll agree with Rob but he is dead one with this. Being a little presumptuous there Dennis without having the facts. Spend some time on Google in regards to what went on after the Rogers event and I think you'll rethink your calloused response.



She and her brother were babysitting at the neighbors...which ended up being the structure in question.

After talking with the some people who may end up be subpoenaed for testimony, there evidently is no precedent case for something like this. I intend on attending the closing arguments when that time comes. Even with a likely lengthy appeals process in the the event the court rules in favor of the plaintiff, I can about imagine the floodgate which could open. If nothing else, it may force builders to tighten up the QC on their craftsmanship?

Ahhhh okay. Now I understand..... and I just re-read the article and it did say that as well :rolleyes: DUH! So it is Jaymi's family that is suing alone? Or is the homeowner of that house also in on the lawsuit. I wonder if the homeowner of the destroyed house will also open up a suit if they found that construction was shotty....
 
Indeed, if there are no precedents for this, I'm certain we'll see more litigation along these lines in the future.

Actually, I do know of a similar case from years back in my area, although it fortunately did not involve loss of life.

A structure was damaged by a tornado and the insurance company refused to pay, saying the construction was substandard. The mess sat there unrepaired for years, as a result.

A local TV meteorologist was hired by the owners of the property. The lawsuit went on for quite some time, and unfortunately, I don't know what the outcome was. The meteorologist has since moved on.

At the time of the tornado, I don't believe the area involved was within any city's boundaries, so the building code would have been only very basic.
 
Her 10-yr old daughter was killed, possibly due to faulty construction. Calling her a "jerk" is probably not the response I'd expect to see on ST...


Next time I post, I will be certain to run it by you for your approval.

In any event, I feel no reason to defend my words.
 
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There was no warning for the tornado so how could they have known to go to the basement beforehand? I originally thought they heard the weather getting bad and ran to a neighbors house for shelter but that was not the case..... I don't think 2 teenage kids babysitting two infants at a neighbors house are going to want to SEE the tornado or have a camcorder to record it.

EDIT: Message still stands even though he changed his.....
 
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Well I doubt the home builder should be sued-It is silly--a lawsuit against the national Weather service might be in order as they categorized it as a EF1-2, which is inconsistent with the level of damage caused.

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The house was obviously hit by something stronger,and the weather service didnt issue a warning till it had happened. This I am sure is in part to the weather service not wanting to issue a warning as far too many that are reports sound the sirens and when nothing happens people get complacent.

STILL, it says they were trying to get to a neighbors basement--that means they were outside-or on the way out. I wasn't there It really doesn't matter to me, but I gave my response. What is next? When will people start to sue because the wind messed up their hair? Or for blown in garage doors?

People are just lawsuit happy, if this was 20 years ago, there would be no lawsuit.
 
STILL, it says they were trying to get to a neighbors basement--that means they were outside-or on the way out. I wasn't there It really doesn't matter to me, but I gave my response.
Again.....they were BABYSITTING at the neighbors house. I, at first, thought they were at their own home and ran to the neighbors when they noticed the weather getting bad. Turns out they were next door babysitting the neighbors kid which is why I got confused in my previous responses.
 
Ah, Well Danny I have no problems with you at all.:)

But in ANY event, to run from one house to another given the voracity of the storm was a stupid thing to do , and led to the death. For had they stayed put, they might not have been injured at all.

And given they were trying to go form one structure to another, who would they be suing had say a car been blown out of a collapsed garage and landed on the kid? Again fact is they should NOT have been running from one place to another. I know how cold and harsh that sounds, but its the facts. Had it been a 45 year old man--would there still be a lawsuit? Maybe the 19 year old babysitter should be sued for not maintaining control over the younger children?
 
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