Charleston couple sues Ferguson Enterprises, others for negligence

By Kyla Asbury | Jun 24, 2011

CHARLESTON -- A Charleston couple is suing Ferguson Enterprises after they claim it was negligent in recommending someone to install plumbing fixtures in their home.

John E. Gardner Construction Services, LLC and John E. Gardner were also named as defendants in the suit.

In November 2010, Philip M. Rubin and Linda Rubin purchased plumbing fixtures and supplies from Ferguson Enterprises for the purpose of remodeling the master bathroom in their home, according to a complaint filed May 20 in Kanawha Circuit Court.

The Rubins claim during the course of the sale, Ferguson represented, promoted and warranted that Gardner and his construction services company were qualified and competent to install the plumbing fixtures and supplies.

The defendants were negligent in installing the fixtures, according to the suit.

The Rubins claims Ferguson was negligent in representing, promoting and warranting Gardner and his construction services company.

The defendants performed the work without securing any permit, without following plumbing industry standards and rules and without qualified personnel, according to the suit.

The Rubins are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Guy R. Bucci and Mark A. Barney.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 11-C-832

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