WEST VIRGINIA RECORD

March 4
Thomas Bice and Lucia Bice v. Gemcraft Homes, Inc.
PA - Andrew Skinner J - Sanders
* The plaintiffs purchased a home built by Gemcraft Homes in September 2007. In 2008, they had a radon test conducted and determined that the radon level was 40.3; more than 10 times the EPA's action level of 4.0. According to the complaint, Gemcraft failed to properly install a radon system and failed to install an appropriate gas permeable layer and failed to seal and or caulk holes and other cracks in the foundation. The defendant, who builds homes in Jefferson and Berkeley counties, claims that the radon system was built pursuant to Berkeley County building codes. The Bices' demand compensatory damages for the Defendant's negligent construction and breach of duty and of contract, medical monitoring, costs, compensatory damages for the Defendant's fraud, misrepresentation and punitive damages, as well as pre- and post-judgment and attorney fees.
Case number: 10-C-72