Man says elevator company wrongly charged him

By Annie Cosby | Nov 26, 2014

HUNTINGTON – A Cabell County man is suing over claims he was wrongfully charged for elevator repair by a company he had already hired for routine elevator maintenance.

William L. Mundy, doing business as M&N Realty, formerly known as M&A Realty, filed a lawsuit Oct. 2 in Cabell Circuit Court against Kone Inc., formerly known as Montgomery Kone Inc.

According to the complaint, on June 13, 1997, the plaintiff entered into an agreement for the defendant to maintain the Shephard-Warner elevator in the plaintiff's building on Ninth Street in Huntington in exchange for a monthly fee.

Mundy says the elevator was not working during in April, May and June, and Kone performed troubleshooting and repairs before invoicing Mundy for $10,445 for services plus $1,895 for parts, which Kone says it won't pay for because the elevators were "obsolete."

The plaintiff says it does not have to pay the service invoice because Kone was contractually obligated to provide those services, and Mundy refuses to pay the parts fees as the parts were readily available and used by Kone, despite how they alleged they were "obsolete."

The plaintiff seeks declaratory judgment that it is not obligated to pay the fees, as well as interest, attorney fees and costs of court.

He is represented by attorney George B. Morrone III of Mundy & Associates in Huntington. The case has been assigned to Circuit Judge Jane Hustead.

Cabell Circuit Court case number: 14-C-717

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