Dahms v. Legacy Plumbing
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Scott Dahms hired Legacy Plumbing, LLC to perform plumbing work in a house built in the 1920s. Due to the age and condition of the piping, Legacy recommended replacing as much of the piping as possible. Dahms, however, wanted to keep costs low and did not want additional piping replaced. After Legacy completed the work, Dahms discovered a leak in the bathroom, which caused damage to the home. Dahms filed a lawsuit in small claims court for the cost to repair the damage from the leak. Legacy removed the case to district court, filed an answer, and moved for summary judgment. The district court granted summary judgment in favor of Legacy and dismissed Dahms’s claim.
The district court granted summary judgment in favor of Legacy, concluding that there was no genuine issue of fact as to the source and cause of the leak. The court relied on affidavits and photographs provided by Legacy, which asserted that the source of the leak was the original lead and Oakum joint seal inside the main cast iron stack, not the PVC piping or hub part installed by Legacy. The court also concluded that the damage due to the leak was an incidental under the warranty clause of the contract between Dahms and Legacy.
The Supreme Court of North Dakota reversed the district court's decision, concluding that a genuine issue of material fact exists as to the source and cause of the leak. The court found that the district court had improperly weighed the evidence and determined witness credibility by considering the experience of the affiants. The Supreme Court also found that a genuine issue of material fact exists regarding whether the damage was incidental to Legacy’s work under the agreement. The court denied Legacy's request for attorney’s fees and remanded the case back to the district court.
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