“The large compendium of photos taken by Gadrow of the property are not evidence that the collision, rather than Hurricane Harvey or some pre-existing cause or general wear and tear, caused [damage] to the roof,” the judge said. The affidavit and report also did not contain any facts that would allow a jury to segregate damages, Judge Brown added.
Conclusion
U.S. Circuit Judges Rhesa H. Barksdale, Leslie H. Southwick, and James E. Graves Jr. sat on the appeals panel. Representatives of the parties did not immediately respond to requests for comment Monday.
Smiley is represented by Eric B. Dick and Joe Synoradzki of Dick Law Firm PLLC and Alexander B. Wathen of Wathen & Associates. General Star is represented by Lindsey P. Bruning of Zelle LLP.
