WHEELING – The parents of two children that were injured are suing Lumber Liquidators Inc. for the defective flooring.
Lumber Liquidators Holdings Inc. also was named as a defendant in the suit.
The defendants sold Stephen Philipps and Lynsie Philipps composite laminate flooring products that were manufactured in China and the products have formaldehyde levels that are dangerously high and known to pose serious health risks, especially in children, according to a complaint filed Aug. 1 in Ohio Circuit Court.
The Philippses claim they installed the flooring in their Moundsville home and later discovered a month after their final purchase, the defendants stopped selling the flooring and the television program “60 Minutes” reported on the contaminated laminate flooring from China.
When the plaintiffs learned about the flooring, they contacted the store and were told to go online to required an air quality test, which they did and they received their test in the mail from Environmental Diagnostics Laboratory, according to the suit.
The Philippses claim they only received one test, despite the two separate purchases and that they never received any written notice from the defendants informing them that the flooring was defective or dangerous.
On July 3, 2015, the result of the plaintiffs’ flooring testing showed an elevated formaldehyde concentration of .25 ppm and Lumber Liquidators represented that further testing was required, however, the company failed to show up for multiple appointments and failed to respond to phone calls, according to the suit.
The Philippses claim on Aug. 28, 2015, a contractor obtained samples of the flooring for further testing and, in December, new samples were taken. After getting no response from the defendants regarding the results, on April 13, the plaintiffs sent Lumbar Liquidators a cure offer, pursuant to West Virginia code.
The defendants breached their express and implied warranties of merchantability and fitness and were negligent, according to the suit.
The Philippses claim the defendants falsely and fraudulently represented that the purchased flooring was free of defects when it was purchased and violated the West Virginia Consumer Credit and Protection Act.
The Philippses are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by James G. Bordas III and Jason E. Causey of Bordas & Bordas.
Ohio Circuit Court case number: 16-C-242
