WAYNE -- A Wayne County man is suing a flooring business after they improperly installed hardwood floors in his new home and a lawyer that failed to protect his interests.

Eric Maynard filed a lawsuit May 5 in Wayne Circuit Court against Cash and Carry Carpets and Alison Gerlach, claiming breach of contract.

Maynard alleges he entered into an agreement with the defendant for the purchase and installation of carpet and hardwood flooring in his new home for $11,107.56.

According to the brief, the defendants began installing the flooring Aug. 3, 2011, but failed to take any moisture reading to determine if the moisture level was appropriate for the installation, causing splintering and cracking of the hardwood floors.

The suit alleges the defendant claimed it was not their mistake and would not repair the floors or return Maynard's money.

According to the brief, Maynard retained Gerlach as his lawyer, but she took no legal action beyond filing a complaint to protect his interests and the civil action was dismissed May 6, 2013.

The plaintiff is seeking judgement against Cash and Carry Carpets for the replacement of the flooring, damages against defendant Gerlach and any other relief the court deems just.

The case is being represented by Charleston attorneys Mark L. French and Matthew S. Criswell of Criswell French PLLC. The case has been assigned to Circuit Judge James H. Young.

Wayne Circuit Court case number 14-C-089

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