Kanawha couple seeks $1.3 million

by John O'Brien |
Mar. 22, 2006, 4:30pm

CHARLESTON - A Kanawha County couple is suing two Cabell County people whom they allege sold them an uninhabitable house.

Billy and Cara Comer claim in a lawsuit filed March 13 in Kanawha Circuit Court that the actions of James Cable and Donna Moore cost them $300,571.20, an amount they are seeking to be compensated for in addition to $1 million in punitive damages.

"The wrongful acts of Defendants were willful, intentional, wanton, and malicious with intent to deceive Plaintiffs, entitling Plaintiffs to punitive damages," the complaint says.

The case involves the sale of real estate at 112 Ridgewood Forest in St. Albans. The Comers bought a house that Cable and Moore built there on March 15, 2005, the complaint says.

After the sale, it alleges, the Comers found numerous construction defects, including faulty electrical wiring, improperly installed plumbing, an improperly installed roof, water drainage problems and an unstable or improperly constructed foundation which resulted in movement of the structure and its floors and cracking of ceilings, walls and floors.

The Comers claim Cable and Moore misrepresented the condition of the house by lying to them before selling it. The Comers also claim that Cable and Moore agreed to pay for any repairs and never did.

The plaintiffs feel the punitive damages amount of $1 million would be punishment for the defendants intentionally misleading them.

Mark E. Kauffelt is representing the plaintiffs. Judge Paul Zakaib has been assigned the case.

Kanawha Circuit Court case number 06-C-468

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