West Virginia Record

Wednesday, November 20, 2019

Couple sues home's former owners after finding out about damaging landslide

Lawsuits

By Carrie Bradon | Sep 27, 2019

Nujusticescales

WINFIELD – A couple whose new home suffered major damage after a slide filed a lawsuit against the previous owners and the company who sold it to them.

Robert and Tresa Mize filed the complaint in Putnam Circuit Court against Glenn Knight and Yvonne Knight, the home's former owners; Joseph Tolley Sr. and his company, Joe Tolley Excavating LLC; and John Doe Corporation, a stand-in defendant "should the Plaintiff have filed suit against the wrong company previously owned by Joseph Tolley Sr," the lawsuit said.

In February 2012, the Mizes agreed to purchase the house in dispute from the Knights for $280,000. The Knights stated in a disclosure that they were not aware of any structural problems. Afterward, a landslide damaged the rear deck of the home, causing major, expensive damage, the lawsuit said. 

While the Mizes were fixing it, a neighbor told them that a previous slide had occurred, which the Knights had not told them of, the lawsuit said. The Knights hired Tolley and his company to repair the damage from the eariler slide, but Tolley did not change the hill in any way to prevent another slide from occurring, the lawsuit said.

The Mizes accused the Knights of breach of contract and negligent misrepresentation, saying they knew of the previous slide and said nothing, and that another slide was at least possible. They accused Tolley and his company of breach of warranty, fraudulent concealment and fraud.

The Mizes seek all reasonable sums due, attorney fees and court costs. They are represented by Marvin W. Masters and Roger A. Decanio of The Masters Law Firm LC in Charleston.

The case has been assigned to Judge Phillip Stowers.

Putnam Circuit Court case No. 19-C-161

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Putnam Circuit Court

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