13 Investigates

Actions

Damaged garage door leads to legal stand off over 'principle'

Posted at 10:49 PM, Nov 19, 2018
and last updated 2018-11-20 11:01:38-05

It can be a frustrating process -- someone damages your property and you take them to court and win but what can you do when they do not want to pay up?

Steve Castile says it was supposed to be a re-plaster project for his pool but now he's facing a legal standoff.

“I pushed the button to open the garage door and the garage door went up and made this incredible screech and I put it back down and called a garage guy," said Castile.

Castile says the garage repair company inspected the 40-year-old door and identified a major dent and bent panels as the cause of the noise.

The company noted the damage was beyond repair, according to paperwork provided to 13 Action News.

Castile claims he reviewed his home surveillance cameras which showed a forklift driver strike the garage door while delivering a pallet of plaster for the pool repair job.

Castile says he contacted Nellis Building Materials and informed management of the situation.

Castile claims Nellis Building Materials management offered him $300 for the damage, but the lowest bid for a door replacement he received was $1,399 dollars.

READ: SMALL CLAIMS COURT RULES AGAINST NELLIS BUILDING MATERIALS

"In 50 years, Nellis [Building Material] has never had any incident like this, any problems and of course if something does happen we will gladly pay for any damage that we may do," said Tom Horito, CEO of Nellis Building Material.

Horito claims the door damage does not make sense and suggests metal fatigue maybe to blame for the problem.

Horito claims he was not aware of the judgment and when 13 Action News presented him with a copy, he said he challenges the small claims court decision.

“We will of course pursue [the case] further because we want to fix the problem and if we are guilty then of course will take care of it," said Horito.

READ: HOW TO MAKE SMALL CLAIMS COURT DEFENDANTS PAY

In Nevada, once a small claims judgment has been made the plaintiff has options to get the money they are owed, including filing a garnishment against their debtors wages, or place a lien on a business or property.

Castile, a business owner himself, says the legal fight involves both money and now the principle of the matter.

Castile and Horito both say they are going to weigh their next legal options.

13 Investigates - Send us a tip
Do you have a story idea or tip for 13 Investigates? Fill out the form below.
Are you willing to go on camera?

HOW TO WATCH