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

920 N.W.2d 726 (2018)

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Nature of the Case

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Facts

P entered into a contract with D for the installation of floor tiles, a shower base, and related products in a bathroom in P's home. D arranged to have the shower base and tile installed by VA Solutions, LLC, an independent contractor. P asserts 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. D refused to compensate P for repainting the bathroom door and trim. P initiated the litigation in small claims court using a court-provided small claims court affidavit form and sought to recover compensation for the repairs to the bathroom door and trim. D answered and included a demand for a jury trial and defenses that can be fairly characterized as responding to a tort cause of action. D stated that P's claim was barred by the economic loss doctrine. D also requested removal of the case from the small claims court to the district court. After removal, D moved for summary judgment asserting VA Solutions was an independent contractor and D could not be held liable for the negligence of an independent contractor. D's request for summary judgment was granted. The district court denied P's request for leave to file the amended complaint after determining the claims would be futile. The district court relied on its prior determination that D could not be held responsible for the negligent acts of VA Solutions, an independent contractor. P appealed.