STATE EX REL. RICHMOND AMERICAN HOMES OF WEST VIRGINIA, INC. v. SANDERS
Case Background: Richmond American Homes of West Virginia and M.D.C. Holdings have built a number of houses in the Eastern Panhandle of West Virginia, including the homes in the Locust Hill Subdivision in Jefferson County, West Virginia. Presumably the houses were built and sold with some representation made by the companies that the houses had radon mitigation systems. In December 2006, homeowners in the Locust Hill Subdivision contacted Richmond through an attorney and fellow homeowner, Andrew Skinner, regarding problems with the radon systems the company installed in their homes. According to an exhibit filed with the petition in this case, Richmond's corporate counsel sent a letter to Mr. Skinner offering to remediate the problems with the radon systems, which offer Mr. Skinner rejected. In May 2008, Mr. Skinner filed the complaint in the Joy case on behalf of 16 Locust Hill Subdivision homeowner families (consisting of 66 individuals) against Richmond, MDC and six Richmond subcontractors. Two other related cases were filed in the fall of 2008. The initial trial date in the Joy case was set for April 2010. The assertions made in all of the suits are based on the improper installation of radon mitigation systems in the homes, with particular allegations that homes were built with no radon removal system, a defective system or a fake system, which is apparently the reason why the cases were consolidated for discovery purposes.
For a detailed summary of the case and the court's findings please visit, http://www.leagle.com/unsecure/page.htm?shortname=inwvco20100616b07.
United States