Cleanup caused lingering odor, woman says

By Kyla Asbury | Aug 15, 2013

HUNTINGTON - A woman is suing Polygon US Corporation for alleged negligence that caused her property damage.

On July 27, 2011, there was a small fire in Teresa Fulks' home that caused extensive smoke damage to the residence, according to a complaint filed Aug. 5 in Cabell Circuit Court.

Fulks claims she notified Allstate Insurance Company of the fire, and Allstate began to investigate and respond to the loss and hired Polygon to remediate the lingering smoke damage.

Polygon washed the walls of Fulks' residence and applied chemicals to suppress the smoke damage and two Polygon employees brought an ozone machine into the residence and applied chemicals throughout, according to the suit.

Fulks claims the defendant knew the chemicals used in her residence were not designed or intended for use in residential premises.

The chemicals used by Polygon have caused extensive damage and created a strong, lasting odor such that the residence cannot be occupied in a habitable manner, due to irritation that afflicts the eyes, nasal and respiratory passages, her family and visitors to her home, according to the suit.

Fulks claims the defendant has contaminated all cloth furniture and furnishings of her residence by the use of the chemicals.

The defendant has been grossly negligent and reckless in its application of chemicals in the residence, according to the suit.

Fulks is seeking compensatory and punitive damages. She is being represented by James D. McQueen Jr. and Amanda Davis of McQueen Davis PLLC.

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

Cabell Circuit Court case number: 13-C-536

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