BECKLEY – Married homeowners are suing
the manufacturer of their modular home, alleging delivery that damaged the
home and incomplete installation of the dryer vent.
Jeffrey Kenne Thompson and Melisa Ann
Thompson filed the suit May 12 in Raleigh Circuit Court against
Silverpoint Homes LLC and Champion Home Builders Inc.
On May 22, 2012, the Thompsons
purchased a manufactured home from Silverpoint Homes, and the home was
manufactured by Champion, the suit alleges.
When the home was being delivered, it
was dropped off the trailer and went over a hill, damaging part of the home, the
suit alleges. In the other half of the home, Silverpoint failed to
hook up the drying vent, which caused dangerous mold to grow,
according to the complaint.
Champion refuses to be responsible for
the removal and replacement of the house components, the suit
alleges, so the Thompsons request a refund of all money paid.
The Thompsons have accumulated medical
expenses as a result of the mold, specifically for their son, they claim. They have suffered monetary loss, incidental, consequential,
actual and compensatory damages, severe and emotional distress,
aggravation, annoyance and inconvenience, according to the suit.
In addition to a jury trial, the
Thompsons request judgment that the contract be canceled, a ruling that the acts of the
defendants are in violation of the West Virginia Consumer Credit and
Protection Act and the Uniform Commercial Code, that Silverpoint and
Champion must train employees on the subject of consumer rights
in West Virginia, that damages be awarded, the payment of court
costs and attorney fees, and other relief the court deems proper.
They are represented by John D. Wooton
of Wooton, Davis, Hussell & Ellis in Beckley,
Raleigh Circuit Court Case number