Barboursville woman sues over faulty heating and cooling system in home

By Kyla Asbury | Jul 8, 2010

HUNTINGTON -- A Barboursville woman is suing Hurricane Plaza and Callihan Heating & Plumbing for breach of contract and breach of implied warranties.

Mary Todd purchased property on Whistlestop Lane and hired the defendants to provide residential construction and/or repair services on the property, according to a complaint filed June 4 in Cabell Circuit Court.

Todd claims the defendants were required to sell her a "turnkey" and for the residence to be fully finished and completed, including a functional and properly operated heating and cooling system with ductwork.

The defendants breached their duties and obligations under the contracts because they "negligently, improperly and unsatisfactorily installed an incorrectly sized or otherwise inappropriate heating and cooling system with ductwork at the residence," which caused the system and ductwork to set up mold and to improperly and inadequately heat and cool the residence, according to the suit.

Todd is seeking compensatory and punitive damages in an amount exceeding $30,000. She is being represented by Michael S. Bailey.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 10-C-419

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