CHARLESTON — A woman is suing Tom's Plumbing alleging it violated the state's consumer credit and protection law.
Tom's Plumbing is doing business as Mullen Plumbing Heating and Cooling.
Sue Hamill retained the defendant to conduct plumbing work at her residence on March 30, 2021, according to a complaint filed in Kanawha Circuit Court.
Hamill claims the defendant conducted some work but kept advising her that additional pipes needed to be replaced.
The defendant did the work and billed her for $2,000 in pipe repairs, according to the suit. Plaintiff wrote a check, but demanded a breakdown of work that was actually conducted and put a stop payment on the check after she was refused a breakdown.
Hamill claims she does not deny owing a debt, but she denies that it is $2,000 and would like a breakdown of the work conducted and the parts replaced.
"Thereafter, the Defendant began contacting the Plaintiff's daughter about Plaintiff's alleged debt obligation in the amount of $2,000," the complaint states. "Plaintiff's daughter was coerced by these calls to pay the debt on behalf of the Plaintiff."
The plaintiff claims she was embarrassed by the publication of the alleged debt obligation to her daughter and wanted to work things out privately with the defendant.
She claims she was embarrassed, harangued and made to feel emotional distress by the defendant's choosing to broadcast the alleged debt to her daughter instead of working through her.
Hamill claims the defendant violated the West Virginia Consumer Credit and Protection Act. She claims the defendant was negligent and caused her intentional infliction of emotional distress.
Hamill is seeking compensatory and punitive damages. She is represented by Benjamin M. Sheridan and Jed R. Nolan of Klein & Sheridan in Hurricane.
The case is assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 22-C-404