CHARLESTON — A woman is suing Service Contract Specialist claiming it breached its contract when she purchased new furniture.
Wells Home Furnishings was also named as a defendant in the suit.
Bethany Barber went to the defendants' store in Charleston to purchase new furniture and chose a sofa, loveseat, chair and ottoman by Hancock & Moore that was $16,650 on May 20, 2019, according to a complaint filed in Kanawha Circuit Court.
Barber claims she was concerned about her pets damaging or destroying the new furniture and was offered a five-year pet protection plan that cost $180, which she purchased.
The furniture was delivered on Aug. 20, 2019, and on that same day, the plaintiff's cat caused significant damage to the sofa and loveseat and she immediately reported the damage to the defendants.
SCS required replacement parts for the damaged furniture and the replacement parts arrived at the plaintiff's home in November 2019, according to the suit.
Barber claims despite multiple attempts by the plaintiff to get SCS to complete the work on the furniture, the furniture remains damaged.
On Dec. 22, 2021, the plaintiff provided written notice to the defendants advising their failure to ensure the performance of the service contract within a reasonable time and sought replacement of the furniture, according to the suit.
Barber claims the defendants breached their contract and violated the Magnuson-Moss Warranty Act.
Barber is seeking compensatory damages with pre- and post-judgment interest. She is represented by David A. Bosak and D. Blake Carter of Bailey Javins & Carter of Charleston.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 22-C-176