WINFIELD — An insurance firm is suing a pole barn manufacturer and a contractor, alleging breach of contract and breach of warranty in owing more than $171,000.
Farm Family Casualty Insurance Company, as subrogee of Lazy Bones Farm LLC, filed a complaint Nov. 14 in Putnam Circuit Court against
Build-A-Barn LLC and Walls Construction - Remodeling LLC,
alleging breach of representations, guaranties and warranties.
According to the complaint, on Jan. 24, the roof of the pole barn manufactured and constructed by defendants collapsed in Scott Depot, West Virgnia. The suit says this caused monetary damages to Lazy Bones Farm.
As a result,the lawsuit states, Farm Family paid $171,427.20 for Lazy Bones Farm's expenses and damages. The plaintiff alleges the Build-A-Barn failed to properly design, manufacture and fabricate the pole barn and Walls Construction failed to exercise due care in the erection and/or installation of the pole barn.
Farm Family Casualty Insurance seeks trial by jury, judgment for $171,427.20, plus interest, attorney fees, court costs and all other equitable relief. It is represented by attorney Kirk D. Lightner of Pullin, Fowler, Flanagan, Brown & Poe PLLC in Charleston.
Putnam Circuit Court Case number 16-c-279