Suwannee Democrat

Home

October 11, 2012

Hamilton County being sued for negligence and breach of contract

Jasper — Attorney John McCormick advised the Hamilton County Board of County Commissioners at their Oct. 2 meeting that Hamilton County is being sued for over $75,000 for negligence and breach of contract by plaintiff’s Stonington Insurance Company as subrogator of Suwannee River Economic Council in connection with the Dec. 2010 fire at the old senior citizens center in Jasper.

Stonington out of Plano, Texas was the insurance company for Suwannee River Economic Council at the time of the fire. Stonington a/s/o SREC filed a complaint in the third judicial circuit court against Hamilton County who was served the papers in September.

The general allegations in the lawsuit state that Hamilton County owned the building and rented it out as commercial property to SREC. The suit further states there was a verbal lease agreement between the county and SREC that included regular inspection, maintenance and repair of the premises.

Court papers state that in November or December 2010, an agent of the county performed routine maintenance on the heating system, which was to include replacement of the filter in the heating duct. The plaintiff’s state the filter was not replaced, thereby allowing a build-up of debris to accumulate in the ducts. On or about Dec. 9, 2010 a fire occurred in the ductwork above the ceiling as a result of the ignition of debris in the ductwork, which caused damage to the building.

SREC filed a claim with Stonington, who determined it was a covered loss and paid SREC $75,332.32 for damages. Stonington then brought a cause of action for negligence against SREC, whom they stated had a duty to properly inspect, maintain and repair the premises, including replacing filters in the heating system and failing to report unsafe conditions.

Now Stonington and SREC are demanding judgment against Hamilton County for the total amount of the covered damages of $75,332.32 plus prejudgment interest for their failure to maintain the building, which constitutes a breach of contract.

After McCormick gave the commissioners copies of the complaint against the county, he stated, “I’d rather not discuss it now because it’s pending litigation.”

1
Text Only
Local News
Suwannee Democrat
Sports
Jasper News
Mayo Free Press
Arrest Record
VIDEO

Features

Meetings
Opinion
AP Video
Entertainment

Must Read
Business Marquee
Election 2014
AP Video
Disabled Veterans Memorial Nearing Completion Last Mass Lynching in U.S. Remains Unsolved Home-sharing Programs Help Seniors Ex-NYC Mayor: US Should Allow Flights to Israel Clinton: "AIDS-Free Generation Within Our Reach" Judge Ponders Overturning Colo. Gay Marriage Ban Airlines Halt Travel to Israel Amid Violence NYPD Chief Calls for 'use of Force' Retraining VA Nominee McDonald Goes Before Congress Bush: Don't Worry, Sugarland Isn't Breaking Up US Official: Most Migrant Children to Be Removed Police Probing Brooklyn Bridge Flag Switch CDC Head Concerned About a Post-antibiotic Era Raw: First Lady Says `Drink Up' More Water Courts Conflicted Over Healthcare Law Holder Urges Bipartisanship on Immigration Raw: Truck, Train Crash Leads to Fireball US Airlines Cancel Israel Flights Obama Signs Workforce Training Law Crash Victims' Remains Reach Ukraine-held City
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
House Ads
Facebook
Twitter Updates
Poll

The sales tax holiday is Aug. 1-3. Does this affect your back-to-school shopping?

Comes too late. Shopping's done.
Perfect timing.
Too early. Kids need supply lists.
     View Results