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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

ACE AMERICAN INSURANCE COMPANY v. E. CORNELL MALONE CORPORATION

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
4:11-cv-00146 Search Pacer
ACE Group party(s): 
Court Type: 
Federal
US District Court: 
Northern District of Mississippi
Date Filed: 
Dec 30 2011

"COUNT I - NEGLIGENCE

57. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through 56 of this complaint as if fully set forth at length herein.

58. Malone Roofing owed Harlow's a duty to use reasonable care in installing and constructing the new roof over The Hotel, so as to avoid subjecting Harlow's Casino and its property to an unreasonable risk of harm.

59. Malone Roofing breached its duty of care by engaging in careless and negligent conduct which included, without limitation, one or more of the following negligent acts of commission and/or omission:
(a) Using hand-driven common nails to affix the nailer board to the concrete surface of the roof deck;
(b) Failing to determine the withdrawal capacity of the nails when hand-driven into concrete;
(c) Failing to install a roof capable of withstanding three second wind gusts of ninety (90) miles per hour, as required by the project specifications and the applicable codes and standards;
(d) Failing to install a roofing system that was capable of resisting a force of 200 pounds per foot in any direction;
(e) Failing to comply with Firestone's installation instructions and specifications;
(f) Failing to comply with the project drawings and specifications;
(g) Failing to comply with the applicable building codes;
(h) Failing to comply the NRCA industry standards;
(i) Failing to properly and adequately inspect its roofing work to ensure that it had been performed in accordance with the applicable specifications, codes, standards, and practices of good workmanship;
(j) Failing to hire competent employees, agents, servants and/or contractors to perform the construction and installation of the new roofing system;
(k) Failing to properly and adequately train and supervise its agents, servants, employees, and/or contractors who performed the construction and installation of the new roofing system;
(1) Failing to properly and adequately perform its work in a good, safe and workmanlike manner;
(m) Failing to warn Harlow's Casino of the defective roof condition created by Malone Roofing's negligence and improper workmanship, when the defendant knew or should have known that such defects constituted an unreasonable risk of harm to Harlow's Casino and its property;
(n) Failing to exercise the requisite degree of care and skill under the circumstances;
(o) Other negligent acts and omissions that may be revealed through further discovery.

60. As a direct and proximate result of the foregoing negligent acts of commission and/or omission on the part of Defendant Malone Roofing, ACE has, as of this date, suffered damages in excess of $1,000,000.00, and will likely suffer additional damages well in excess of $1,000,000.00 as a result of defendant's negligence.

WHEREFORE, ACE demands that judgment be entered in its favor and against Defendant Malone Roofing, in an amount to be determined at trial, plus interest, the costs of this action, and any and all further relief which this Court deems just and proper under the circumstances.

COUNT II- NEGLIGENCE PER SE

61. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through 56 of this complaint as if fully set forth at length herein.

62. At all times relevant to this complaint, all of the work, services and products associated with this lawsuit were performed and supplied in Greenville, Mississippi.

63. The applicable building codes, regulations and/or ordinances adopted in Greenville and the State of Mississippi required all of Malone Roofing's work, services and products performed and supplied herein to conform and comply with all applicable building codes, including, without limitation, the 1997 Standard Building Code (SBC) and the 2003 International Building Code (IBC).

64. Malone Roofing violated the requirements of the 1997 SBC; specifically, the sections of the 1997 SBC cited in paragraphs 34, 35, 36, and 37 above.

65. Malone Roofing also violated the requirements of the 2003 IBC; specifically, the sections of the 2003 IBC cited in paragraphs 38 and 39 above.

66. Malone Roofing violated the 1997 SBC and the 2003 IBC by improperly using hand-driven common nails to affix the wood nailer board to the concrete surface of the roof deck; by failing to install the roof in accordance with Firestone's installation instructions and specifications; by failing to install a roof capable of withstanding three second wind gusts of ninety (90) miles per hour; and by failing to install a roofing system that was capable of resisting a force of 200 pounds per foot in any direction.

67. Harlow's Casino is within the class of persons and entities protected by the 1997 SBC and the 2003 IBC.

68. The type of harm suffered by Harlow's Casino is the type of harm sought to be prevented by the 1997 SBC and the 2003 IBC.

69. Malone Roofing's violation of the 1997 SBC and the 2003 IBC proximately caused plaintiffs damages as claimed herein.

70. Accordingly, Malone Roofing is negligent per se without proof of its lack of due care.
a"

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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