CHARLESTON -- A Kanawha County man is suing Valley Gardens after he claims the company was negligent in installing a new plant bed along the front of his house.

In the fall of 2009, Michael W. Carey contracted the defendant to install a new plant bed along the front of his house, according to a complaint filed Dec. 30 in Kanawha Circuit Court.

Carey claims the defendant removed the down spout on the front left of his house and disconnected it from its drain, but, upon completion of the work, the defendant failed to reconnect the down spout to its drain.

Because of the defendant's failure to reconnect the down spout, water was allowed to pour down into the ground throughout winter and caused significant damage to Carey's basement wall, according to the suit.

Carey claims the defendant breached its duty by failing to reconnect the down spout.

As a result of the defendant's conduct, Carey suffered inconvenience, annoyance and damage to his home, according to the suit.

Carey is seeking compensatory damages. He is being represented by John A. Kessler and David R. Pogue.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 11-C-2328

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