WEST VIRGINIA RECORD

CHARLESTON - A Kanawha County man says his request for his home security system to be fixed was not responded to and it resulted in a break-in.

Trent Redman is suing Monitronics International, Inc., and Titan Security in Kanawha Circuit Court, claiming it is their fault his home was broken into and his property was stolen.

The case was filed Aug. 28. Redman alleges his home was invaded Aug. 27, 2004.

"For several months prior to the incident at issue, the plaintiff began experiencing problems with his residential security system, upon which time he notified the defendants that the system was not properly functioning," the complaint says.

Michael Newcome, the Titan employee who was responsible for the installation and servicing of the system, Redman says, is also listed as a defendant.

Redman charges the defendants with breach of contract, breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for particular purpose, Magnuson-Moss Act violations and negligence.

"As a result of the defendants' actions, both jointly and severally, the plaintiff has suffered damages including, but not limited to, loss due to their purchase of a defective, non-functioning residential security system, loss of personal property, damages to real property, lost wages and other economic and non-economic damages including, but not limited to, annoyance, inconvenience and aggravation," the complaint says.

Redman, a former Cabell County magistrate who now is an attorney practicing in Charleston, is seeking compensatory damages and is represented by Charleston attorney James R. Akers II.

Judge Tod Kaufman has been assigned the case.

Kanawha Circuit Court case number 06-C-1731