RIPLEY – A Given couple says the modular home they ordered from The Commodore Corp. and D&W Estates is both structurally and cosmetically defective and fails to meet West Virginia structural codes.
Oliver and Sunny Enoch filed against the companies and The Poca Valley Bank, The Poca Valley Bankshares Inc., Tri County Appraisal Services, Barry S. Shein, Jim McDougal, John H. Smith, James Elliot and Sheri R. Warner on Sept. 1 in Jackson Circuit Court, citing negligence, breach of contract, fraud, breach of implied warranty, unjust enrichment and other counts.
According to the complaint, the Enochs ordered a modular home from Commodore and D&W on Dec. 21, 2012. For an entire year after the home’s September 2013 delivery, the suit says the plaintiffs unsuccessfully attempted to work with the defendants to resolve structural, plumbing and finishing issues with the home. The home’s mortgage was for $139,500.
The Enochs seek a jury trial and compensatory and punitive damages, pre- and post-judgment interest, cancellation of the mortgage loan and attorneys’ fees. They are represented by Clayton G. Anderson and Kimberley L. Parmer of The Masters Law Firm in Charleston. The case has been assigned to Circuit Judge Thomas C. Evans III.
Jackson Circuit Court case number 15-C-125
