Bakke v. Magi-Touch Carpet One Floor & Home, Inc.

by
Shannon Bakke appeals a judgment in favor of Magi-Touch Carpet One Floor & Home, Inc. and denial of her motion to amend her complaint. Bakke entered into a contract with Magi-Touch for the installation of floor tiles, a shower base, and related products in a bathroom within Bakke's home. Magi-Touch arranged to have the shower base and tile installed by VA Solutions, LLC, an independent contractor. Bakke contended the shower door was improperly installed; the improper installation resulted in the shower door imploding, and the implosion caused damage to property in and around the shower requiring the bathroom door and trim to be repainted. Bakke argued the district court erred in concluding she could not pursue a claim against Magi-Touch because Magi-Touch was not liable for the acts of its independent contractor. Bakke also asserts the district court erred in denying, as futile, her motion to amend her complaint to assert a contract claim against Magi-Touch. Assuming Bakke properly asserted a claim for breach of the parties' contract, the North Dakota Supreme Court held the delegation of Magi-Touch's obligation to provide labor to VA Solutions did not preclude a cause of action against Magi-Touch for a breach of the contract. Further, the Court held the existence of the independent contractor did not relieve Magi-Touch of its obligation to perform under the terms of its contract with Bakke. In the context of a claim for a breach of the parties' contract, the amendment was not futile and should have been allowed. The Court affirmed as to all other issues, and remanded this case for further proceedings. View "Bakke v. Magi-Touch Carpet One Floor & Home, Inc." on Justia Law