West Virginia Record

Friday, September 20, 2019

Consumer alleges new sofa delivered Ashley Furniture Homestores was left on lawn in rain

State Court

By Carrie Bradon | Sep 3, 2019


PRINCETON – A Bluefield woman is suing a furniture company alleging that a couch she purchased was left on her lawn by the delivery agents and damaged by rain.

Dorothy Thompson filed a complaint in Mercer Circuit Court against Ashley Furniture Industries Inc., doing business as Ashley Furniture Homestores, alleging breach of contract, fraud and misrepresentation, and violation of the West Virginia Consumer Credit and Protection Act.

The suit states that the plaintiff purchased a sofa from the defendant on Aug. 1, 2018, for $1,457.35. The plaintiff alleges she paid the defendant $79.99 on Aug. 28, 2018, to have the furniture delivered to her home. 

The suit states the defendant attempted to deliver the furniture on Aug. 31, 2018, but failed to call the plaintiff before the delivery as outlined in the purchase agreement. The plaintiff alleges because she was not home, employees of the defendant left the furniture outside in the rain and it was damaged. She alleges she contacted the defendant regarding the damage and it failed to replace or discharge the purchase price. 

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Steven R. Broadwater Jr. and Ruperto Y. Dumapit of Hamilton, Burgess, Young & Pollard PLLC in Fayetteville.

The case has been assigned to Judge Derek Swope.

Mercer Circuit Court case number 19-c-167

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