WHEELING — A married couple's lawsuit against Albert L. Rush, Cindy A. Rush. Alicia Peklinsky, Lee C. Paul III and Paull Associates Realty Inc. d/b/a/ Paull Associates Real Estate, real estate agents, alleges breach of warranties and fraud.
Todd Morrison and Courtney Morrison filed a complaint on Aug. 1 in Ohio Circuit Court against the defendants, alleging that they breached express and implied warranties.
According to the complaint, the plaintiffs allege that on July 30, 2015, they purchased a home from the defendants. After they moved into the premises, they became aware of moisture and mold issues throughout the residence, they allege. They suffered damages, loss of valuable monetary consideration, annoyance, inconvenience and emotional distress, the suit states. The plaintiffs hold the defendants responsible because they allegedly were aware of moisture and mold issues but made material misrepresentations regarding the fitness or habitability of the property.
The plaintiffs request a trial by jury and seek judgment against the defendants for compensatory damages, punitive damages, attorney's fees, costs, pre- and post-judgment interest and any other relief as the court may deem just and lawful. They are represented by Adam E. Barney of Berry, Kessler, Crutchfield, Taylor & Gordon in Moundsville.
Ohio Circuit Court Case number 16-c-239