CHARLESTON — The West Virginia Attorney General office's lawsuit against a tombstone salesman has ended with full restitution and admissions the company misled consumers and failed to deliver cemetery markers for their deceased loved ones.
T&N Monuments and owner Tommy Kenneda admitted to having violated state law within two months of the AG's office filing suit. It alleged Kenneda accepted money to construct, engrave and install cemetery monuments without completing the work.
Kenneda did not dispute that he failed to deliver as promised and owed money to 12 consumers as part of the settlement.
“Grieving families should never worry if their loved one’s cemetery marker will arrive,” Attorney General Patrick Morrisey said in a statement. “This settlement reimburses affected consumers and protects others from future harm, while sending a message that every business must respect the law.”
Kenneda paid $9,253.50 restitution for his failure to provide cemetery markers to the affected families. He further paid a $2,500 civil penalty and agreed to never again operate a monument selling and installation business in West Virginia.
The settlement and court order requires Kenneda wind down his existing business, but requires him to complete five pending jobs so as to protect the interests of those consumers.
The lawsuit, filed in Logan Circuit Court, alleged Kenneda and T&N Monuments did not finish tombstones and would not communicate or offer refunds to his customers. For instance, the lawsuit alleged a Wyoming County woman paid for her father’s marker in November 2014 and continued to wait into this summer.
Logan Circuit Court case number: 16-C-152