HUNTINGTON - A lawsuit against Adventure Homes LLC has been settled and dismissed from federal court.
Cozy Home Center and Robert A. Johnson were also named as defendants in the suit.
A dismissal order was filed Oct. 24 in the case. On Oct. 16, a report of mediator was filed in the U.S. District Court for the Southern District of West Virginia at Huntington.
As a result of the mediation and good faith negotiations by the parties, the case was settled. James I. Stealey of the Stealey Law Firm was the mediator in the suit.
On May 5, 2011, Dianna Roush and David Roush placed an order to purchase a new Adventure Homes manufactured home from Cozy and/or Johnson, according to a complaint initially filed on March 19 in Mason Circuit Court and removed to federal court on April 25.
The Roushes claimed the home was defective in materials and workmanship and the defects substantially impaired its use and value.
Despite the Roushes' efforts to allow the defendants the opportunity to repair the new manufactured home, the nonconforming and defective conditions were never completely repaired, according to the suit.
The Roushes claimed the problems in the home included uneven and loose floor decking; bowed walls; uneven floors; soft spots in the floors; loose countertops in the kitchen and master bathtub; crooked cabinets; damaged wall panels; protruding fasteners; loose trim throughout the home; and an inoperable fireplace.
Due to the poor workmanship related to the home, the plaintiffs also incurred personal injuries, according to the suit.
The Roushes claimed the defendants made and broke repeated promises to repair the home and conform it to its express and implied warranties.
The defendants violated the West Virginia Consumer Credit and Protection Act, according to the suit.
The Roushes were seeking compensatory and punitive damages. They were being represented by Kristina Thomas Whiteaker, D. Christopher Hedges and David L. Grubb of the Grubb Law Group.
The defendants were represented by Luci R. Wellborn and Erin J. Webb of Kay Casto & Chaney and Michael L. Powell and Randall L. Trautwein of Lamp Bartram Levy Trautwein & Perry PLLC.
The case was assigned to District Judge Robert C. Chambers.
U.S. District Court for the Southern District of West Virginia at Huntington case number: 3:13-cv-9058