Woman says Bath Fitter responsible for water damage, mold

By Cara Bailey | May 20, 2008

CHARLESTON - A Putnam County woman has filed a suit against the company that installed her one-piece bathtub, claiming they failed to connect the drainpipes, causing water damage and mold in her residence.

Shirley Young filed the suit April 17 in Kanawha Circuit Court against Jose LLC and Bath Fitter.

According to the suit, Young was remodeling her bathroom and had a one-piece fiberglass wall system and bathtub installed by Jose, LLC in 2001. Young claims the installation company failed to complete the drain connection from the bathtub to the home's sewage system.

According to the suit, drain water accumulated in the crawlspace beneath Young's house until 2007.

"Due to the ongoing presence of drain water in the crawlspace, mold and mildew grew and developed and spread throughout the plaintiff's residence," the suit says. "In addition, the long term presence of such water caused structural damage to the plaintiff's home."

Young claims she has sustained financial damages in repairing the plumping and cleaning her home, respiratory and asthmatic problems due to the mold and mildew that developed, annoyance, inconvenience and loss of use of her home and loss of market value.

Young seeks compensatory damages.

Attorney Brent Karleton Kesner is representing Young. The case has been assigned to Judge Paul Zakaib.

Kanawha Circuit Court case number 08-C-752

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