West Virginia Record

Friday, December 6, 2019

Pocahontas Co. couple accuses Lowe's, insurer of negligent hiring

By Philip Gonzales | Mar 22, 2017


MARLINTON — A married couple is suing home improvement giant Lowe's Home Centers, LLC after window installers contracted by the company allegedly damaged the siding of the couple's home.

Chad and Wilma Ryder filed a complaint Feb. 23 in the Pocahontas Circuit Court against Lowe's over the damage. The complaint also names Custard Insurance Adjusters, Inc., which plaintiffs claim failed to accurately investigate the claims.

According to the complaint, damage done by the contractors allegedly caused leakage around the windows that rotted and molded portions of their walls and floorings. Plaintiffs claim its unsafe to live in their home. The plaintiffs hold Lowe's and Custard responsible because defendant Lowe's allegedly failed to ensure that work was done in a workmanlike manner and defendant Custard failed to accurately evaluate plaintiff's claim and refused to evaluate the mold damage. Based on estimates by another contractor, Lowe's paid the Ryders a settlement of $20,825.84, but plaintiffs claim the amount doesn't include further damage sustained in the year and five months between when the estimate was made and the check was delivered.

Plaintiffs didn't cash the check because doing so would have required that they agree to release all claims against the defendants. As a result, they allege the damage keeps getting worse.

The plaintiffs request a trial by jury and seek compensatory and punitive damages, interest, attorney's fees, costs and such other just and proper relief. They are represented by Ericka Klie Kolenich and Karl Kolenich of Klie Law Offices in Buckhannon.

Pocahontas Circuit Court Case number 17-c-6

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Organizations in this Story

Lowe's Companies, Inc.Pocahontas Circuit CourtKlie Law Offices PLLC