Ceramic Tile International
137 S.W.3d 722, 2004.TX.0003152
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Publisher Description
This is an appeal from a jury verdict awarding appellee/plaintiff, George Balusek ("Balusek"), damages in the amount of $110,999.57, plus interest and costs. In the underlying lawsuit, Balusek sued appellant, Ceramic Tile International, Inc. ("Ceramic Tile") and North Atlantic Society Anonyme, Inc. for structural damage allegedly done to Baluseks buildings by Ceramic Tiles equipment and for foundation damage allegedly due to water runoff and seepage from property occupied by Ceramic Tile. In three issues, Ceramic Tile (1) challenges Baluseks right to recover on his claims under an assignment from the prior owner of the property, (2) argues the claims were not timely asserted, and (3) complains of charge error. Because Balusek did not establish his right to recover as assignee, we reverse and render.