DOCUMENT 2

ELECTRONICALLY FILED
7/1/2015 11:14 AM
38-DV-2015-900413.00
CIRCUIT COURT OF
HOUSTON COUNTY, ALABAMA
CARLA H. WOODALL, CLERK

IN THE DISTRICT COURT OF HOUSTON COUNTY, ALABAMA

Allstate Indemnity Company, as Subrogee of
its Insured, Beth Northington, and Beth
Northington, individually,

CIVIL ACTION FILE NO.

DV 2015-

Plaintiffs,
vs.
Gilbert Construction Company, Inc. and
Defendants A through E, whether singular or plural,
being that person, firm, or corporation who or which was
negligent in the installation of the chimney insulation or
was negligent or otherwise legally responsible for the
Plaintiffs damages as more fully set out below, either
with or independently of Gilbert Construction Company,
Inc.; Defendants F through H being whether singular or
plural, being that person, firm, or corporation who or
which employed Gilbert Construction Company, Inc.
Defendants or Defendants A through E or on whose or
which business Gilbert Construction Company, Inc. or
Defendants A through E was acting at the time of the
incident described in the complaint; whose true names are
at present unknown to the plaintiff at this time or if their
names are known to the plaintiff, their proper identity as
a party-defendant is unknown but whose true names will
be added by amendment when the aforesaid lacking
knowledge is ascertained.

Defendants.
COMPLAINT
COME NOW the Plaintiff, Allstate Indemnity Company, as subrogee of its Insured, Beth
Northington, and Beth Northington, individually, for its complaint against Defendant Gilbert
Construction Company, Inc. states and alleges as follows:
1.

Plaintiff Allstate Indemnity Company (hereinafter referred to as "Allstate) is a

stock company which does business in Alabama.

2.

Plaintiff Beth Northington is a resident of the Houston County, Alabama and is

over the age of nineteen years.

3.

Defendant Gilbert Construction Company, Inc. is a domestic corporation which does

business in Alabama.

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4.

On or about April 18, 2014, Northington, and her now deceased husband, were the

owner of a home in Houston County, Alabama located at 1956 Harrison Road, Dothan, Alabama.
On or about March 27, 2011, Gilbert Construction Company, Inc. was the contractor who
performed the installation of a roof on the Northington home.
5.

On or about April 18, 2014, Northingtons home suffered water damage that was

caused as a result of improper installation of the roof performed by Gilbert Construction

Company, Inc.
6.

At all times relevant to this complaint, the Northington home was insured by a

policy of insurance issued by Plaintiff Allstate.

7.

Northington filed a claim against Allstate, and Allstate paid for damages its

insured incurred that were proximately caused by the aforementioned incident. Under the Allstate
policy, Northington was required to pay a $1,000.00 deductible. Under the Allstate policy,
Allstate paid $2,182.51 to or on behalf of its insured as a proximate cause of the damages
resulting from the aforementioned incident.
8.

Under the terms and conditions of Northingtons insurance policy with Allstate,

Allstate is subrogated to the rights of its insured to the extent of the payment referenced in
paragraph six.
9.

Defendant Gilbert Construction Company, Inc. was negligent in the installation of

the roof referenced in paragraph three above or was negligent in the supervision of
the installation of said roof. As a proximate consequence of said negligence, the Plaintiff
was caused to suffer the damages set forth in paragraphs 4-7.
10.

Defendant Gilbert Construction Company, Inc., as the contractor of the installation

of the roof of the Northington home, acting by and through its agent or subcontractor, was
negligent in the installation of the roof referenced in paragraph three above or in the
supervision of the installation of said roof.

As a proximate consequence of said

negligence, the Plaintiff was caused to suffer the damages set forth in paragraphs 4-7.
11. Defendants A through E, whether singular or plural, being that person, firm, or
corporation who or which was negligent in the installation of the roof or was negligent or
otherwise legally responsible for the Plaintiffs damages as set forth in paragraphs 4-7.
12. Defendants F through H being whether singular or plural, being that person, firm, or
corporation who or which employed Gilbert Construction Company, Inc. or Defendants A

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through E or on whose or which business Gilbert Construction Company, Inc. or Defendants A

through E was acting at the time of the incident described in the complaint and caused the
Plaintiffs damages as set forth in paragraphs 4-7.
WHEREFORE Plaintiff demands judgment against all Defendants, both named
and fictitious, in the amount of $3,182.51 plus any other damages proved in trial, interest and the
costs of this action.

By

/s/ Samuel J. Weisgarber

Samuel J. Weisgarber
Alabama Bar No. WEI049
Attorney for Plaintiff

OF COUNSEL:
Varner & Associates
2600 Corporate Drive, Suite 200
2600 Meadow Brook South
Birmingham, AL 35242
(205) 981-3704/ 866-538-8861 fax
Sam.Weisgarber@allstate.com

PLEASE SERVE DEFENDANT BY SHERIFF:

Gilbert Construction Company, Inc.
Attn: Registered Agent: Chris Gilbert
117 East Ridge Drive
Dothan, AL 36301