WHEELING — A lawsuit alleging breach of contract and several state and federal laws has been removed to federal court.
Two of the defendants in the lawsuit filed the notice of removal in U.S. District Court for the Northern District of West Virginia at Wheeling, citing diversity of citizenship, as well as the amount in controversy being factors in removing the suit.
The defendants contend that because the plaintiff alleged violations of the Magnuson-Moss Warranty Act, the case belongs in federal court.
Mary Elizabeth White entered into a contract with CMH Homes in July 2017 for the purchase of a manufactured home to be delivered and installed on her property in Brooke County, according to a complaint originally filed in Brooke Circuit Court.
White filed the lawsuit against CMH Homes, which is doing business as Clayton Homes Morgantown, WV; Andrew Cameon, R & J Contracting LLC and Doug Bowser.
White claims prior to the delivery of the home, the contract required CMH to have a licensed dealer or contractor inspect the home site, conduct a soil evaluation test and design footings, as well as a contractor or licensed dealer to complete the foundation, which included digging footings and pouring concrete.
R & J Contracting inspected the site and told White she would be required to dig the hole for the foundation and when she refused to dig her own hole, the defendants decided Bowser, who is not a licensed contractor, would be performing the work, according to the suit.
White claims she reached out to the defendants numerous times about when the work would begin, but she was always told "soon" or "next week" when she asked. In June 2018, machinery for the foundation work was delivered and Bowser came to work on the foundation on and off until August 2018.
White claims Bowser's work was not done in a workmanlike manner and in accordance with industry standards. White claims despite complaining about the poor quality of work, the defendants took no action to correct any of the foundation problems.
More than two years after contracting with the defendants for her home, White still has not received her home, which violates industry standards and several other state and federal laws.
White is seeking compensatory and punitive damages. She is represented by Frank X. Duff and Sandra K. Law of Schrader Companion Duff & Law in Wheeling.
CMH and Cameon are represented by Jason J. Stemple of Duffield, Lovejoy, Stemple & Boggs in Huntington.
U.S. District Court for the Northern District of West Virginia Case number: 5:19-cv-00264