West Virginia Record

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Insurance company accuses hot tub dealer, installer of negligence


By Philip Gonzales | Aug 8, 2018

CHARLESTON — A liability insurer is suing an hot tub dealer and installer, alleging negligence in the installation of one of their products.

Westfield Group Insurance filed a complaint in Kanawha Circuit Court against Ohio Build & Remodel LLC of Westerville, Ohio, and DR Roofing and Construction LLC of Pataskala, Ohio, alleging they sold and installed a hot tub that is defective.

According to the complaint, on Aug. 20, 2016, DR Roofing installed a Whirlpool hot tub to plaintiff's insured customer Patsy Thompson's residence in St. Albans. The hot tub was sold by Ohio Build, the suit says. 

Due to defendants' negligence, the lawsuit states, the hot tub leaked into the basement, causing damage to Thompson's property in the amount of $13,420.04. 

The lawsuit states Westfield Group was obligated to pay these damages. The plaintiff alleges the defendants negligently caused damage to the hot tub.

Westfield Group Insurance seeks trial by jury judgment of $13,420.04, pre- and post-judgment interest, attorney fees, court costs and all other proper and just relief. It is represented by attorney Clinton W. Smith of Charleston.

Kanawha Circuit Court case number 18-C-734

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Kanawha Circuit Court Law Office of Clinton W Smith

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