Home not built properly, lawsuit claims

By Whitney Brakken | Nov 14, 2013

RIPLEY - Purchasers of a manufactured home are suing over claims it was not built correctly.

Douglas Hess and Brenda Hess filed a lawsuit Oct. 31 in the Circuit Court of Jackson County against CMH Homes Inc., doing business as Freedom Homes No. 642; Nela Stennett, individually and in her capacity as general manager for Freedom Homes No. 642; American Bankers Insurance Co. of Florida; HomeFirst Insurance Agency Inc.; and John Doe installer.

The lawsuit alleges negligence, negligent procurement, breach of contract, fraudulent inducement, frustration of purpose and fitness for a particular purpose, bad faith, unfair trade practices, negligent infliction of emotional distress and intentional infliction of emotional distress.

The plaintiffs contend Stennett, on behalf of Freedom Homes, sold them a manufactured home. Freedom Homes and Stennett hired workers to construct the foundation, basement and home for the plaintiffs, according to the complaint.

The complaint states that prior to the installation of the home, the plaintiffs purchased an insurance policy to cover their home. The plaintiffs contend on Nov. 1, 2011, damage to the home became apparent as a result of the defendants, and the plaintiffs could not use their home as intended.

The defendants refuse to repair the damage, according to the complaint.

The plaintiffs are seeking an undisclosed amount in damages. The plaintiffs are being represented in the case by attorney Todd Wiseman of Wiseman Law Firm PLLC.

Circuit Court of Jackson County Case No. 13-C-135

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