CHARLESTON — A Lincoln County man is suing a window replacement and home improvement company, alleging breach of warranty.
Alvin Messinger filed a complaint in U.S. District Court Southern District of West Virginia against Window World Inc. alleging the defendant breached the "all-inclusive transferable lifetime" warranty when it took no action on Messinger's complaints.
According to the complaint, between June 14, 2014 and May 2, 2017, Messinger purchased seven windows from the defendant that were supposed to be installed at his Lincoln County house by a Window World team. The suit says six windows were installed by a single person and during the winter months of 2014-2015, moisture accumulated in the windows.
As a result, Messinger says he suffered permanent health problems associated with his exposure to the mold from the defective windows. Furthermore, he says, he also incurred expenses to replace the windows. The plaintiff alleges Window World did not respond to Messinger's complaint letters.
Messinger seeks compensatory damages, attorney fees, costs of action and all relief the court deems reasonable and just. He is represented by attorney Timothy P. Rosinsky of Rosinsky Law Office in Huntington.
U.S. District Court Southern District of West Virginia case number 18-C-15