HUNTINGTON - A couple are suing Giles Industries after they claim it sold them a defective manufactured home.
CMH of KY Inc., which is doing business as Freedom Homes; Kitchen's Construction; and Prichard's Excavating & Mobile Home Transport were also named as defendants in the suit.
On Jan. 18, 2012, Darrell L. Pearson and Teri A. Pearson purchased a new Giles manufactured home from CMH for $81,000, according to a complaint filed July 12 in the U.S. District Court for the Southern District of West Virginia at Huntington.
The Pearsons claim during the delivery and installation of the home, Prichard's damaged the home substantially and failed to provide proper, initial, set-up services of the home as required by law and Giles' installation instructions.
After delivery of the home, Kitchen's attempted, but failed, to properly perform the initial set-up of the home or make proper repairs of damaged portions of the home, which prohibited the Pearsons and their children from inhabiting the home during the 10-month period that the home has sat on their property, according to the suit.
The Pearsons claim they discovered and reported numerous defects and damaged portions of the home and repeated non-conformities that substantially impaired the use, value and/or safety of the home and prohibited them from obtaining any use or value whatsoever from the home.
The defendants' action involving the sale, delivery, installation and subsequent unsuccessful repair attempts occurred in the conduct and trade or commerce within the meaning of the West Virginia Consumer Credit and Protection Act, according to the suit.
The Pearsons are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Thomas F. Basila of the Law Office of Thomas F. Basila.
The defendants are being represented by Jason J. Stemple and A. David Nichols of Duffield, Lovejoy, Stemple & Boggs PLLC.
The lawsuit was first filed in Mason County on June 6 before being removed to federal court.
U.S. District Court for the Southern District of West Virginia at Huntington case number: 3:13-cv-19629