On the morning of Thursday July 22, the third of three scheduled window inspection dates for K&H Windows, my door buzzed at 7:55am. The timeframe for the July 22 inspection - agreed to by me and K&H Windows - was 8:00am to 9:30am.
My wife and I - without our attorney or other representatives present - opened the inner foyer door at 7:55am. I saw seven white men - varying in heights from 5'8" to 6'4" - standing inside the building foyer, between the inner and outer doors, a small space of approximately 8 feet by 10 feet. Some of the men were blocking the door as I opened it. I could not fully open the door until they changed positions.
I immediately recognized two of the seven men standing in the foyer. One was Scott Gelman, attorney for K&H Windows. The other was Andy, an installer for K&H Windows. (My wife and I had asked K&H Windows in after Andy's angry, belligerent and misogynistic behavior over the phone and in my home, that he not return. At that time, K&H Windows president Ted Roland
promised via telephone that other employees would substitute for Andy on all subsequent visits, and that Andy would not return to my home.)
I recognized three of the seven men as K&H Windows installers from previous visits to my home, but I did not know their names. I had never before seen two of the seven men standing in the foyer. One of them was Ted Roland, president of K&H Windows.
I asked the seven men to exit the foyer. They began to exit slowly. I repeated the request.
To Mr. Gelman, attorney for K&H Windows (Ted Roland, president) I stated my understanding that a window inspection would require no more than two K&H Windows employees. I also stated my understanding that a window inspection would not require attorneys or other representatives to be present.
Mr. Gelman, attorney for K&H Windows (Ted Roland, president), admitted he had no such understandings. Mr. Gelman informed me he would telephone Steven Murray, my attorney, for clarification. As he commenced the call on his mobile phone, Mr. Gelman and the six other men slowly exited the foyer and stood on the sidewalk leading to the front door.
One hour passed.
At 9:00am I approached Mr. Gelman and asked if I might speak with him. He replied: "I cannot speak with you because you are represented by counsel."
I stated my understanding to Mr. Gelman that July 22 was the third of three agreed-upon dates for the window inspection, with an agreed-upon timeframe of 8:00am to 9:30am. I mentioned that my understanding was that a window inspection takes 20-30 minutes, and asked if he - or any of the other men standing with
him - would like to nominate two window inspectors from amongst the group to complete the inspection on time. Mr. Gelman repeated: "I cannot speak with you because you are represented by counsel."
I asked Mr. Gelman if the inspection would take place at all. Mr. Gelman repeated: "I cannot speak with you because you are represented by counsel."
I waited until 9:35am, five minutes after the agreed-upon inspection timeframe. At 9:35am I left my home and went to work.
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