Companies didn't install pool properly, couple claims

WINFIELD – A Hurricane couple blames two companies for the faulty installation of a swimming pool.

Joseph and Regina Warden filed their lawsuit Jan. 16 in Putnam Circuit Court against Steve Combs, doing business as East End Pools and Spas in Barboursville, and Lorrison Pools & Spa's of Teays Valley.

In their complaint, the Wardens say they first met with representatives of Lorrison Pools in February 2007 about purchasing an in-ground pool. They say a big reason for opting to go with Lorrison Pools was that they "assured the plaintiffs they wouldn't have to ask a third party for assistance if problems needed to be fixed with the pool."

Three days later, Lorrison Pools brought in Combs from East End Pools to discuss the installation. They say East End Pools apparently was an agent of Lorrison Pools.

The Wardens say they paid Combs $11,712.50 to install the pool.

But they claim the pool was installed improperly, including the steps to the pool, the wall panels, a cracked filter base and the improper re-installation of gutter drains around the pool.

The Wardens also say East End Pools has been issued notices of citation by West Virginia Attorney General Darrell McGraw for violating state consumer protection statutes.

The Wardens say the defendants breached their contract and were negligent. They seek compensatory damages that include the cost of removing the concrete and re-installing the steps and properly attaching the gutter drains and replacing the filter drain. They also seek compensation for emotional distress, professional fees, including attorney fees as well as punitive damages.

The Wardens are represented by attorney Bryan B. Escue, and the case has been assigned to Circuit Judge O.C. "Hobby" Spaulding.

Putnam Circuit Court case number: 08-C-15