WHEELING – An Ohio County couple alleges flooring they purchased was defective.
Bryan Gaus and Danielle Gaus filed a complaint Oct. 31 in Ohio Circuit Court against Lumber Liquidators Inc. and Lumber Liquidators Holdings Inc. alleging that they violated the West Virginia Consumer Credit and Protection Act.
According to the complaint, the plaintiffs purchased laminate flooring products from the defendants in February 2015 and installed the flooring in their home. They claim Bryan Gaus was told by the defendants' employee that the flooring he purchased was not the type that was allegedly dangerous and defective because of potential high formaldehyde levels.
The suit states the plaintiffs later learned the flooring they purchased was discontinued by the defendants because of possible high formaldehyde levels and they removed it.
The plaintiffs allege they suffered actual out-of-pocket losses caused by the defendants' breach of express warranty.
The plaintiffs seek compensatory damages, attorneys' fees, litigation costs and pre- and post-judgment interest. They are represented by James G. Bordas and Jason E. Causey of Bordas & Bordas PLLC in Wheeling. The case has been assigned to Circuit Judge Jason A. Cuomo.
Ohio Circuit Court case number 17-C-306