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WEST VIRGINIA RECORD

Sunday, April 28, 2024

Couple sues Big Sandy for defective refrigerator

State Court
Bigsandy

CHARLESTON — A couple is suing Big Sandy Furniture alleging a refrigerator they purchased was faulty and caused property damages.

Samsung Electronics America and Samsung Electronics Co. were also named as defendants in the suit.

Philip Sword and Caroline Sword purchased a new Samsung 28 cubic foot four-door French door refrigerator at Big Sandy in Charleston for $2,499.99 and they also purchased a five-year warranty for $299.99, according to a complaint filed in Kanawha Circuit Court.

The Swords claim on Nov. 23, 2021, the refrigerator was delivered and on Nov. 27, 2021, the plaintiffs woke up to find that the refrigerator had leaked a significant amount of water that had soaked through the kitchen floor, destroying the basement ceiling and damaging items in the basement.

When the plaintiffs called Big Sandy, they were informed that a technician couldn't come until Nov. 29, 2021, and when that technician came out, they were informed that the water filter component was the cause of the leak, according to the suit.

The plaintiffs worked with Adam Dale at Big Sandy to file a property damage claim through Big Sandy on Dec. 4, 2021, Dale told the Swords that a representative would be in contact within 72 hours, but no one has ever gotten into contact with them, according to the suit.

The Swords claim on Feb. 10, 2022, they notified Big Sandy of its right to cure its violations of the West Virginia Consumer Credit and Protection Act to settle all claims and Big Sandy failed to provide a cure offer.

The defendants breached their contract with the plaintiffs and damaged their property, according to the suit.

The Swords are seeking compensatory damages with pre- and post-judgment interest. They are represented by Natalie C. Schaefer and Caleb B. David of Shuman McCuskey Slicer PLLC in Charleston.

The case is assigned to Circuit Judge Kenneth Ballard.

Kanawha Circuit Court case number: 23-C-552

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