CHARLESTON – A limited liability company alleges a leak in the roof of a property it rented caused damage to its commercial property.
Eclectics LLC filed a complaint in Kanawha Circuit Court against Larry G. Kopelman, Edward T. Gardner and Erie Insurance Property & Casualty Co. alleging negligence and breach of contract.
According to the complaint, the plaintiff leased a property in Charleston from Kopelman and Gardner beginning in March 2016. The plaintiff alleges in June 2016, the roof of the rental property incurred a significant water leak, causing damage plaintiff's stored items.
The plaintiff alleges it sustained damages from a loss of income from business, loss of value of the property, annoyance and inconvenience because of the leak.
The plaintiff holds Kopelman, Gardner and Erie Insurance Property & Casualty Co. responsible because defendants Kopelman and Gardner failed to properly remedy the leak and water saturation after it occurred and defendant Erie failed to provide insurance coverage for the damaged property.
The plaintiff requests a trial by jury and seeks compensatory damages, pre- and post-judgment interest, costs and disbursement, attorney's fees and such other just and proper relief. It is represented by Marvin W. Masters and Roger A. Decanio of The Masters Law Firm LC in Charleston.
The case has been assigned to Circuit Judge Jennifer F. Bailey.
Kanawha Circuit Court case number 18-C-681