WINFIELD — A woman is suing Lowe's alleging that the deck built at her home by the defendant was done so improperly.
Theresa Cooper contracted with Lowe's in April 2013 for the installation and extension of an existing deck and the defendant did not work and installed the deck, according to a complaint filed in Putnam Circuit Court.
Cooper claims in August 2020, the deck completely collapsed due to the defendant's failure to properly build the deck and unworkmanlike construction.
"As a result of the Defendant's conduct, the Plaintiff has lost her deck and faces significant repairs, and has also been annoyed, inconvenienced, bothered, hassled, distressed, worried and otherwise caused annoyance and inconvenience," the complaint states.
Cooper claims the defendant violated the West Virginia Consumer Credit and Protection Act in the construction of the deck.
The defendant incompetently installed the deck and did not inform the plaintiff prior to the deck construction that the defendant lacked the requisite skill and/or competence to build the deck, which violated the West Virginia Consumer Credit and Protection Act, according to the suit.
Cooper claims as a result of the defendant's actions, she suffered out-of-pocket damages and has been annoyed, inconvenienced, harassed, bothered, upset, angered, harangued and otherwise caused indication and distress.
The defendant breached its contract with the plaintiff and caused her damages and loss, according to the suit. The defendant was negligent and their actions cause Cooper to suffer emotional distress.
"As a result of the Plaintiff's reliance on the Defendant's ability to build a standard deck, which the Defendants failed to perform properly, the Plaintiff paid for a deck to be built with significant issues and damage," the complaint states.
Cooper is seeking compensatory and punitive damages. She is represented by Benjamin M. Sheridan of Klein & Sheridan in Hurricane.
Putnam Circuit Court case number: 21-C-169
