Two Morgantown couples sue Spa Guy LLC for property damage

By Kyla Asbury | Feb 28, 2017

CLARKSBURG – Two Morgantown couples are suing Spa Guy LLC and Future Spa Covers LLC after they claim their homes were damaged in a fire.

Prior to Dec. 12, 2015, Spa Guy sold and/or otherwise distributed William Nestor and Jennifer Nestor a hot tub and it was safely and properly installed at the Nestor home, according to a complaint filed Jan. 11 in Monongalia Circuit Court and removed to federal court on Feb. 13.

On Dec. 12, 2015, without prior warning, a sudden and calamitous fire originated inside the hot tub, causing substantial damage to the Nestor home and their personal property, as well as the home of Andrew Kacik and Tanya Kacik.

The plaintiffs claim as a result of the fire, the Nestors incurred damages in excess of $500,000 and the Kaciks incurred damages in the amount of $12,242.32.

The fire and subsequent loss and damages sustained by the Nestors and Kaciks were a direct and proximate result of the negligence, gross negligence, carelessness, omissions and/or failures to act of the defendants, their employees, agents and/or servants, acting within the scope of their employment, according to the suit.

The plaintiffs claim the defendants breached their warranty and caused their personal property losses.

The plaintiffs are seeking judgment in excess of $500,000 with interest. They are being represented by Charles R. Steele of Steele Law Offices; and Zachary Renegar of Cozen O’Connor.

The defendants are represented by Timothy L. Mayo, Alonzo D. Washington and Mina R. Ghantous of Flaherty Sensabaugh Bonasso.

The case has been assigned to District Judge Irene M. Keeley.

U.S. District Court for the Northern District of West Virginia case number: 1:17-cv-00021

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