Landlord rented meth-contaminated home, suit says

CHARLESTON - A Kanawha County woman has filed a suit against her landlord, claiming he rented her a contaminated mobile home that had previously been used as a meth lab.

Kelly Profitt filed the suit Feb. 1 in Kanawha Circuit Court against Jarrell Mairs and M & M Trust. The suit also names Profitt's infant daughter, Bailey, as a plaintiff.

According to the suit, Mairs rented a mobile home on Rocky Fork Road in Cross Lanes to Brian Thomas, from January 2003 to Aug. 3, 2003. Thomas allegedly had a meth lab set up on the property. The Kanawha County and Jackson County Sheriff's Departments ultimately arrested Thomas for drug offenses.

According to the suit, Mairs was informed that he should clean the mobile home prior to renting it and he replied, "What they don't know won't hurt them," or words to that effect, and did not clean the property.

Kelly Profitt rented the mobile home started June 17, 2004, and was the first resident on the property following its use as a meth lab.

Profitt claims Mairs knew the property was contaminated and a health hazard when he rented it to her.

Bailey Profitt is an infant child with health problems, the suit says. Her problems include: situs inversus, a condition where the major visceral organs are reversed or mirrored from their normal positions; primary ciliary dyskinesia, which involves mucus blocking respiratory passages; and several other conditions.

"Jarrell Mairs and M & M Trust knew of Bailey Profitt's delicate health condition when they rented her the mobile home for her to live in as her primary residence and they further knew or should have known that exposure to meth lab contamination would have a severely deleterious effect upon her health and may even cause her death," the suit says.

Kelly Profitt claims she heard rumors her home had been used as a meth lab, which Mairs denied when she asked. Profitt researched the history of her home and on Dec. 13, 2007, found that the home she rented was indeed used as a meth lab and was, in all likelihood, contaminated.

According to the suit, Profitt hired a testing company that found the home tested positive for meth contamination.

Profitt claims Mairs actions damaged and contaminated her personal property, requiring complete replacement of furniture, medical equipment, appliances, clothing, televisions and computer.

Profitt seeks damages for personal injuries and medical expenses, replacement of personal property, intentional and negligent infliction of emotional distress, punitive damages, an order requiring the mobile home to be cleaned and decontaminated or destroyed, moving costs, damages for fraud and other relief.

Attorney Richard J. Lindroth is representing Profitt. The case has been assigned to Judge James Stucky.

Kanawha Circuit Court case number 08-C-222