FAYETTEVILLE – Two lawsuits have been filed against Two Fayette residents after the plaintiffs claim their negligence caused a house fire and caused them to sustain losses, including the death of a cat.

Richard J. Foster and Kelly D. Foster are the owners of real property and on Oct. 16, Michael Oliver and Michelle Miller entered into a land contract with the defendants for the purpose of purchasing the real property, according to two complaints filed May 24 in Fayette Circuit Court.

Oliver and Miller claim Miller moved in various items of personal property, including her beloved cat, Lulu, who had been her loyal companion for nine years.

Richard Foster told Oliver and Miller that they did not need insurance on the property since he would hold the deed to the property until payment in full was received on the land contract, and, based upon that representation, they did not procure any renter’s insurance to cover the personal property or relocation expenses in the event of loss, according to the suits.

Oliver and Miller claim after moving into the property, they complained on multiple occasions about electrical issues with lights in the property and, on March 14, a fire occurred, destroying the premises and causing the death of Lulu.

The defendants were negligent and breached their duty owed to Oliver and Miller, according to the suits.

Oliver and Miller claim because of the defendants telling them they did not need to procure insurance, they suffered a loss related to the personal property and incurred relocation and alternative living expenses.

The plaintiffs are seeking compensatory and punitive damages. They are being represented by Scott H. Kaminski of Kaminski Law PLLC.

The cases are assigned to Circuit Judge Paul M. Blake Jr.

Fayette Circuit Court case number: 16-C-153, 16-C-154




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