Preview:

SUPREME COURT OF LOUISIANA NO. 96-C-1170 c/w 96-C-1270 WILLIAM HENRY SANDERS V. CARL ZEAGLER, ET AL. ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT PARISH OF LASALLE, STATE OF LOUISIANA MARCUS, Justice* At recoverable issue is whether damages for mental anguish are in an action by a homeowner for defects in the

construction of a house. In 1976, William Sanders (Sanders) and his wife, Bessie Sanders, hired architect A.D. Mathys (Mathys) to design a house for them in Jena, Louisiana. (Zeagler), contractor. the lowest They also hired Zeagler Construction Co. bidder pursuant to a bid proposal, as

To cover performance of the construction contract,

Zeagler obtained a performance bond of $200,000 from American Fidelity Fire Insurance Co. (American). The house was completed in early 1979. Punch lists of

defective items were prepared by Mathys for Zeagler to correct. Sanders signed a certificate of substantial completion on February 19, 1979, and moved into the house in the spring of 1979. After

moving in, Sanders continued to contact Zeagler concerning a number of unresolved problems with the house.

Judge Graydon K. Kitchens, Jr., 26th Judicial District Court and Judge Ian W. Claiborne, 18th Judicial District Court, participating as associate justices ad hoc in place of Justice Jack C. Watson and Justice E. Joseph Bleich. Kitchens, J. ad hoc not on panel. Rule IV, Part 2,

Download 96-C-1170.pdf

Louisiana Law