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WEST VIRGINIA RECORD

Wednesday, April 24, 2024

Couple sues ABC Contracting for negligence

Lawsuits
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PINEVILLE — A couple is suing ABC Contracting Inc., a West Virginia corporation, citing alleged negligence.

David and Erika Lusk filed a complaint in Wyoming Circuit Court against ABC Contracting Inc., alleging that the company failed to provide proper expert opinion.

David and Erika Lusk allege that on Jan. 29 they suffered loss of homeowners' insurance, cost to replace the block retaining wall, aggravation, annoyance and inconvenience, as a result of alleged bad advice from the defendant.

The Lusks allege that the defendant wrongfully advised former owner, Erica Harold, shortly before plaintiffs' purchase of the property, located at 404 Hills Trailer Court in Rock View, West Virginia, that the block wall behind the house did not create a safety concern and could remain as it was. 

However, the block retaining wall allegedly collapsed, causing substantial damages and further harm to plaintiffs upon learning that there was no insurance coverage for the damages and that it must be repaired or replaced before renewal of insurance coverage could be offered on the property. 

The plaintiffs hold that ABC Contracting Inc. was responsible, because the defendant allegedly failed to properly evaluate the condition of the block retaining wall, and caused plaintiffs to incur monetary injury to replace the wall.

The plaintiffs request a trial by jury and seek judgment against defendant for compensatory damages, aggravation, annoyance and inconvenience, costs of action, attorney's fees, interest, and further relief as the court deems just. They are represented by Shawn R. Romano and Miles B. Berger of Romano & Associates PLLC in Charleston.

Wyoming County Circuit Court Case number 18-C-70

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