WEST VIRGINIA RECORD

CHARLESTON - A woman is suing Origins Granite of Charleston LLC after she claims it improperly installed her new countertop and failed to fix it.

Cynthia Majestro and the defendant engaged in numerous discussions about the installation of a new countertop in her residence, according to a complaint filed March 15 in Kanawha Circuit Court.

Majestro claims during the discussions, she informed the defendant that the existing tile backsplash had been installed by a prior owner, but that she believed it was expensive so she did not want to replace it.

During the discussions, the defendant falsely and fraudulently represented to Majestro that the new countertop would be set at the same level as the old countertop and that the existing tile backsplash would not need to be replaced, according to the suit.

Majestro claims when she arrived home on the date of the new countertop installation, she noticed a gap between the new countertop and the tile backsplash and began to question the installers, who advised her that they had not been given instructions by the defendant as to the height at which to set the new countertop.

When Majestro contacted the defendant, through its employee, Carl Frisk, he spoke with the installers and the installers then began to attempt to pull apart the countertop at the freshly-bonded seam in order to reset the countertop at the correct height, according to the suit.

Majestro claims the installers were unable to complete this task and Frisk informed her that he did not want the installers to continue to force the seam apart because once the bond fails, it cannot be repaired.

Frisk promised Majestro and her husband that "he would make the situation 'right'" and Majestro spent a great amount of time consulting with an interior designer and a tile installer to find options to cover the gap between the new countertop and the tile backsplash, according to the suit.

Majestro claims the interior designer and the tile installer she consulted both came to the conclusion that no available trim existed that would cover the gap between the new countertop and the tile backsplash without covering and/or damaging the hand-painted tile backsplash.

On July 18, Majestro's husband wrote to Frisk, setting forth the details of the problems with the improper installation of the countertop by the defendant and Frisk made a telephone call to Majestro's husband and left him a message, according to the suit. However, when Majestro's husband returned the call, Frisk never returned his call.

Majestro claims some time later, the seam in the granite failed, leaving a gap in the countertop, and, in addition to this, when the defendant's agents reconnected the plumbing to the sink and disposal, they damaged the plumbing and left it in a damaged condition, necessitating repairs by Majestro's husband.

Between Jan. 14 and Feb. 23, Majestro and her husband made several attempts by certified mail to discuss the failed countertop, but Frisk never responded to the letters, according to the suit.

Majestro claims she has estimated that it would cost her approximately $2,300 for the removal of the old tile backsplash and installation of a new tile backsplash.

The defendant's conduct constitutes a breach of duties owed to Majestro and caused her unreasonable harassment, oppression, abuse, aggravation, annoyance and inconvenience, according to the suit.

Majestro claims the defendant improperly installed the countertop and, despite several attempts to have the countertop fixed, the defendant failed to do so.

Majestro is seeking compensatory damages. She is being represented by J.C. Powell and James S. Nelson of Powell & Majestro.

The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 13-C-513