West Virginia Record

Monday, February 24, 2020

Couple sues Oakwood Homes for defective modular home

By Kyla Asbury | Feb 3, 2016


CHARLESTON – A West Virginia couple is suing CMH Homes of KY Inc. after they claim their modular home was defective and caused them damages.

CMH is doing business as Oakwood Homes of Belfry, Ky. Steven Hall and CMH Manufacturing Inc. are also named as defendants in the suit.

On June 11, 2014, Debra Hubert and Zachary Hubert purchased a home from CMH and the mobile home was set up with footer, blocks and leveled by CMH and/or its agent in June 2014, according to a complaint filed Dec. 30 in Mingo Circuit Court and removed to federal court on Jan. 29.

The Huberts claim the home was installed on their property in a negligent manner and they reported to CMH repeatedly that the home was not square, windows were leaking, mold was in the home, the electrical system was not working properly and the gutters where improperly installed.

Hall, an agent of CMH, sent a representative to service the problems with the home and service representatives were sent to repair the problems on numerous occasions, according to the suit.

The Huberts claim they persistently called CMH and complained approximately three or four times about the walls, back door, electrical issues and mold and these issues have not been fixed.

Since the purchase of the home, the plaintiffs have suffered aggravation, inconvenience and emotional distress and their children have suffered allergies, which may have been caused by the mold due to the defects in the home, according to the suit. The home is a total loss as a result of the damages.

The Huberts claim the home was manufactured defectively and/or installed in a negligent manner.

The defendants had a duty to the Huberts to properly installed the home and failed to do so, according to the suit.

The Huberts are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Susan VanZant.

The defendants are represented by Jason J. Stemple of Duffield, Lovejoy, Stemple & Boggs PLLC.

U.S. District Court for the Southern District of West Virginia case number: 2:16-cv-01123

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Duffield, Lovejoy, Stemple & Boggs PLLC