This was originally published on the SGR Blog.
Trial Court Decides Liability for Damages
Terrence M. Kalka filed suit in the City Court of Little Falls, Herkimer County, on August 18, 2021, seeking $4,975 in damages against Ronald Schorer and John Lerch. Schorer filed a counterclaim against Kalka on October 5, 2021 seeking $2,172 pursuant to a contract. The matter proceeded to trial on March 17, 2022 and was concluded on April 8, 2022.
Kalka and his spouse appeared and testified that he retained the services of Schorer/Lerch to replace the hot water heater and install a water softener. They negligently installed the heater causing damage to the plumbing, as well as water damage in the basement. The testimony was that the water was leaking from the main line for over an hour which flooded the basement causing damage to stored items in the basement, such as the Kalka’s clothing. Kalka testified that Schorer/Lerch damaged a sink in the basement and dirty water in the pipes clogged the kitchen sink, toilet, and washer as a result of negligently installing a hot water heater and water softener. Kalka testified that Schorer was present during that time, stayed upstairs, and was consulted periodically by Lerch about how to handle various situations that came up during the course of the work. The testimony was also that Schorer was present as the Village of Ilion repaired the water valve.
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