In order to prevail on his claim that Clean My House is liable for his missing belongings, Howard must establish, within reason, proof of either actual theft by the workmen or at least some wrongful conduct on their part.
Mere suspicion on Howard’s part is not enough.
Howard’s obsession as a hoarder is a possible explanation for what happened here.
The chaotic clutter required Clean My House to segregate and box his belongings by category (his collection, clothes, etc.). The change in appearance in his apartment from disorder to order may have made Howard anxious, in my opinion.
Howard did not conduct a search of the boxes and could not be sure that they did not contain any of the missing objects. As a result, Howard’s testimony did not constitute adequate proof.
I held that Clean My House was not responsible for the loss of Howard’s belongings and dismissed the case without any monetary award.
Do you agree?