CHARLESTON — The defendant in a lawsuit argues that the case should be dismissed with prejudice for failure to state a claim.
ASI Concrete denies the allegations in the complete, stating that the content of its contract speaks for itself and the plaintiff's allegations are inconsistent with the contents of the contract.
John Slevin filed the lawsuit against ASI and Stephen Henry alleging that he saw an advertisement by ASI in the newspaper offering services in the repair and replacement of concrete for commercial and residential properties and contacted the defendants, according to a complaint filed in Kanawha Circuit Court.
Slevin claims he met with Henry regarding the pouring and finishing of a new driveway, steps and walkway with brick inlaw on the steps and walkway, as well as replacing rebar on the edges, sealing the concrete and stucco the wall along the sides of the step.
Slevin argues the defendants breached the contract by failing to use the specified strength concrete in the contract and by failing to finish the concrete in a professional manner. He claims they also used brick of varying color and did not install the brick inlaw in straight lines.
The defendants left trash and unused materials and debris on Slevin's property and concrete broke due to vehicular traffic. He claims they were negligent.
Slevin is seeking compensatory damages. He is represented by Stephen P. Hoyer of Hoyer Hoyer and Smith in Charleston.
ASI Concrete is represented by Patrick C. Timony and Lindsay M. Gainer of Bowles Rice in Charleston.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 21-C-586
