CJ-2020-00010 - Oklahoma School Risk Management Trust v. Reeder General Contractors, Inc.

What's This Case About?

Let’s be real: a gymnasium roof drainage pipe failure sounds about as exciting as watching paint dry. But hold on—because this isn’t just any leaky pipe. This is a legally catastrophic, code-defying, contract-breaching, negligently supervised pipe that somehow waited three years to unleash its vengeance in the form of a $38,800.07 lawsuit. Yes, you read that right—and seven cents. Someone out there is very serious about their decimal points.

So here we are, deep in the humid trenches of Love County, Oklahoma (yes, that’s a real place, and no, it probably doesn’t live up to its name), where a school gymnasium doubled as a safe room—because tornadoes don’t care if you’re mid-dunk—and somehow became a swimming pool thanks to what may be the most underqualified roofing and plumbing duo since Home Improvement’s Tim “The Tool Man” Taylor. On one side: Reeder General Contractors, Inc., a Texas-based company that apparently thought “building codes” were more of a suggestion. On the other: Rescue Plumbing Service, Inc., an Oklahoma outfit with a name that sounds like a superhero team, but in reality may have caused the disaster they were supposed to prevent. And caught in the middle? The Oklahoma School Risk Management Trust—the insurance entity that’s basically the adult in the room, holding the mop and the checkbook after everyone else screwed up.

Now, let’s rewind to 2014–2015, when the gymnasium at Marietta Public Schools was getting a much-needed upgrade. Part of that upgrade? Fixing or installing roof drain pipes—those unglamorous but critically important tubes that keep rainwater from turning your school into a flash flood zone. Reeder General Contractors was on the job, overseeing the construction. Rescue Plumbing Service was presumably the one actually touching the pipes—because, you know, plumbing. At some point during this project, someone—maybe Reeder, maybe Rescue, maybe a subcontractor whose name we’ll never know—decided that installing roof drain pipes correctly was optional. Maybe they were in a rush. Maybe they were distracted by a nearby tornado drill. Maybe they just really hated gym class as kids. Whatever the reason, the pipes were either installed wrong or repaired wrong—or both—and nobody noticed. At least, not until February 22, 2018.

That’s when the roof drainage pipe failed. Not “leaked a little.” Not “dripped during heavy rain.” It failed. As in, water came pouring into the gymnasium like it was auditioning for The Day After Tomorrow. The damage was real. The school had to deal with water damage in a building that’s supposed to be a safe room—a place where kids and staff shelter during storms. The irony is thicker than the concrete in that gym floor. The Oklahoma School Risk Management Trust, as the insurer, had no choice but to pay out $38,800.07 to cover the damages—yes, including the school’s $2,500 deductible, because even insurance has its limits. And now, like a financially wounded phoenix rising from the soggy gym mats, the Trust is suing both contractors to get its money back.

And oh boy, are they throwing the legal kitchen sink at them. The lawsuit isn’t just saying, “Hey, you messed up.” It’s saying, “You messed up, and you did it in multiple legally distinct ways.” First up: Negligent Hiring and Supervision. That’s lawyer-speak for “you hired people who shouldn’t be trusted with a garden hose, let alone a roof drainage system.” The Trust claims Reeder and Rescue failed to properly vet or oversee the folks who actually worked on the pipes. Maybe they hired their cousin Larry who “knows a bit about pipes.” Maybe they let an unlicensed plumber take a crack at it. Whatever happened, the Trust wants them on the hook for not keeping an eye on their team.

Then comes General Negligence—the classic “you didn’t do your job the way a reasonable person would” claim. Installing roof drains? Should be done carefully, correctly, with attention to detail. These guys? Allegedly did not. The pipes failed. Water got in. Gym got wrecked. Basic cause and effect, people.

But wait—there’s more! Enter Negligence Per Se, which sounds like a Latin curse but is actually a legal shortcut. It means: “You broke the law (specifically building or plumbing codes), and that automatically makes you negligent.” The Trust isn’t just saying the work was sloppy—they’re saying it was illegal. That’s a big deal. It means the contractors didn’t just make a mistake; they failed to meet the minimum legal standards for construction safety. And since this was a safe room, that’s especially not great. You don’t want your storm shelter turning into a fish tank when it rains.

And finally, Breach of Contract—because apparently, there were actual agreements in place, and these companies didn’t live up to them. Whether it was a verbal promise or a written contract, the Trust claims the work wasn’t done as agreed, and that failure directly caused the damage. So now they want their money back—not because they’re petty, but because that’s how insurance subrogation works. When an insurer pays for damage caused by someone else’s screw-up, they get to step into the shoes of the victim and sue the responsible party. It’s like financial cosplay, but with more paperwork.

So what do they want? $38,800.07. Is that a lot? In the grand scheme of lawsuits, it’s chump change—less than the cost of a mid-range SUV. But for a small school district in Love County? That’s real money. That could fund textbooks, sports equipment, or maybe even a properly installed roof repair. And for the contractors? It’s a slap on the wrist—but also a public record of their failure. For Reeder, a Texas company operating out of state, this might be a minor nuisance. For Rescue Plumbing, an Oklahoma-based business, it’s a black mark on their reputation. And let’s be honest—nobody wants to hire a plumbing company called “Rescue” that causes the emergency.

Here’s the most absurd part: this whole disaster could’ve been avoided with a simple inspection. One competent person walking up to that roof, looking at the pipes, and saying, “Huh. That doesn’t look right.” But no. Instead, we get a three-year ticking time bomb, a flooded gym, and a lawsuit that cites four separate legal theories over a drainage pipe. It’s like watching someone use a flamethrower to light a candle.

Are we rooting for the insurance company? Sure. They’re just trying to recover money they shouldn’t have had to pay. Are we rooting for justice for the school kids who had to dodge ceiling drips during basketball practice? Absolutely. But deep down, we’re rooting for the idea that people who build safe rooms should, you know, make them safe. And if that means a Texas contractor and an Oklahoma plumber have to explain why their work cost $38,800.07 and seven cents? So be it.

We’re entertainers, not lawyers—but even we know this: when it comes to roof drains, there’s no such thing as “close enough.”

Case Overview

$38,080 Demand Petition

Jurisdiction

District Court of Love County, Oklahoma

Filing Attorney

Jason E. Marshall

Cathcart & Dooley

Relief Sought

$38,080 Monetary

Plaintiffs

Oklahoma School Risk Management Trust business
Rep: Jason E. Marshall

Defendants

Reeder General Contractors, Inc. business
Rescue Plumbing Service, Inc. business

Claims

#	Cause of Action	Description
1	Negligent Hiring and Supervision	Plaintiff alleges Defendants were negligent in hiring and supervising agents and contractors who installed and repaired roof drain pipes.
2	General Negligence	Plaintiff alleges Defendants were negligent in installing and repairing roof drain pipes.
3	Negligence Per Se	Plaintiff alleges Defendants did not install and repair roof drain pipes in accordance with applicable building and plumbing codes.
4	Breach of Contract	Plaintiff alleges Defendants breached contracts that led to subject damages.

Petition Text

1,071 words

IN THE DISTRICT COURT OF LOVE COUNTY STATE OF OKLAHOMA OKLAHOMA SCHOOL RISK MANAGEMENT TRUST ) ) Plaintiff, v. ) Case No.: CJ-2020-10 ) REEDER GENERAL CONTRACTORS, INC., ) and ) RESCUE PLUMBING SERVICE, INC. ) Defendants. Filed in District Court Love County, OK FEB 20 2020 Kim Jackson, Court Clerk By __________ Deputy PETITION COMES NOW, the Plaintiff, Oklahoma School Risk Management Trust, and for its cause of action against Defendants, Reeder General Contractors, Inc., and Rescue Plumbing Service, Inc., hereby alleges and states as follows: I. The Plaintiff, Oklahoma School Risk Management Trust, is a domestic insurance company, licensed to do business in the State of Oklahoma. II. At the time of the subject loss, the Plaintiff insured Marietta Public Schools, and paid damages to its insured as a direct result of the subject incident. III. The Plaintiff’s damages are a direct result of payments made pursuant to a contract of insurance, and this action is to enforce Plaintiff’s right of subrogation. IV. Defendant, Reeder General Contractors, Inc., is a Texas Corporation, that performed work at the subject building. V. Defendant, Rescue Plumbing Service, Inc., was registered as a domestic Oklahoma For Profit Corporation, at the time it performed work on the subject building. VI. That the amount in controversy is less than the amount required for Federal Diversity Jurisdiction under 28 U.S.C. §1332. The Amount in controversy is Thirty Eight Thousand Eight Hundred Dollars and Seven Cents ($38,800.07), and includes Plaintiff’s insured’s $2,500.00, deductible amount. VII. This Court is the proper venue for this matter, because the situs of the loss is located within this jurisdiction, because the building is located at or near 800 South 4th Ave., in the City of Marietta, Love County, State of Oklahoma, and/or one or more contracts regarding this litigation were entered into and/or performed within this jurisdiction, and/or the Defendants have otherwise purposefully availed themselves to this jurisdiction. General Background: VIII. On February 22, 2018 the subject gymnasium/safe room suffered water damage, after a roof drainage pipe failed. IX. The subject losses were caused by negligently installed and/or repaired roof drain piping. X. The subject drain piping was not installed and/or repaired pursuant to applicable building and plumbing codes. XI. The subject defect/issue with the drain pipe was present at the time that both Defendants performed work and/or supervised the work at the subject building in 2014-2015. First Cause of Action Negligent Hiring and Supervision Plaintiff realleges and restates paragraphs I through XI above, and further states and alleges the following: XII. That Defendant Reeder General Contractors, Inc., and/or its agents, and/or its employees, and/or its contractors were negligent in the hiring and/or supervision of agents, employees, contractors, and or subcontractors in regards to the installation and/or repair of one or more roof drain pipes on the subject building. XIII. That Defendant Rescue Plumbing Service, Inc., and/or its agents, and/or its employees, and/or its contractors were negligent in the hiring and/or supervision of agents, employees, and/or contractors in regards to the installation and/or repair of one or more roof drain pipes on the subject building. XIV. That as a result of the negligent acts of the Defendants, Plaintiff, Oklahoma School Risk Management Trust, seeks actual damages against the Defendants, in the amount of Thirty Eight Thousand Eight Hundred Dollars and Seven Cents ($38,800.07). Second Cause of Action General Negligence Plaintiff realleges and restates paragraphs I through XIV above, and further states and alleges the following: XV. That Defendant Reeder General Contractors, Inc. and/or its agents, and/or its employees, and/or its contractors were negligent in regards to the installation and/or repair of one or more roof drain pipes on the subject building. XVI. That Defendant Rescue Plumbing Service, Inc., and/or its agents, and/or its employees, and/or its contractors were negligent in the installation and/or repair of one or more roof drain pipes on the subject building. XVII. That as a result of the negligent acts of the Defendants, Plaintiff, Oklahoma School Risk Management Trust, seeks actual damages against the Defendants, in the amount of Thirty Eight Thousand Eight Hundred Dollars and Seven Cents ($38,800.07). Third Cause of Action Negligence Per Se Plaintiff realleges and restates paragraphs I through XVII above, and further states and alleges the following: XVIII. That Defendant Reeder General Contractors and/or its agents, and/or its employees, and/or its contractors did not install and/or repair one or more roof drain pipes, pursuant to applicable building and/or plumbing codes, which constitutes negligence per se. XIX That Defendant Rescue Plumbing Service, Inc., and/or its agents, and/or its employees, and/or its contractors did not install and/or repair one or more roof drain pipes, pursuant to applicable building and/or plumbing codes, which constitutes negligence per se. XX. That as a result of the negligence per se by the Defendants, Plaintiff, Oklahoma School Risk Management Trust, seeks actual damages against the Defendants, in the amount of Thirty Eight Thousand Eight Hundred Dollars and Seven Cents ($38,800.07). Fifth Cause of Action Breach of Contract Plaintiff realleges and restates paragraphs I through XX above, and further states and alleges the following: XXI. That Defendant Reeder General Contractors and/or its agents, and/or its employees, and/or its contractors breached the terms of one or more contracts, which directly led to the subject damages. XXII. That Defendant Rescue Plumbing Service, Inc., and/or its agents, and/or its employees, and/or its contractors breached the terms of one or more contracts, which directly led to the subject damages. XXIII. That as a result of the breach of one or more contracts by the Defendants, Plaintiff, Oklahoma School Risk Management Trust, seeks actual damages against the Defendants, in the amount of Thirty Eight Thousand Eight Hundred Dollars and Seven Cents ($38,800.07) WHEREFORE, Plaintiff Oklahoma School Risk Management Trust prays that judgment be entered in its favor and against the Defendants, Reeder General Contractors, Inc., and Rescue Plumbing Service, Inc. for actual damages in the amount of Thirty Eight Thousand Eight Hundred Dollars and Seven Cents ($38,800.07), in addition to attorneys fees and costs, together with and such other relief as the court may deem just and proper. Respectfully Submitted, Jason E. Marshall JASON E. MARSHALL, OBA #30156 CATHCART & DOOLEY 2807 Classen Blvd. Oklahoma City, Oklahoma 73106 (405) 524-1110; fax: (405) 524-4143 [email protected] Attorney for the Plaintiff ATTORNEY LIEN CLAIMED