BRAXTON BUSINESSMAN SUES FORMICA FOR FAULTY COUNTERTOP

(02/23/2012)

By Kyla Asbury Kanawha Bureau wvrecord.com A Braxton County man is suing Formica Corporation for a defective countertop he purchased from the company. Roger Hall, who is doing business as Hall's Kitchens, purchased solid surface countertop materials from the defendant and installed the solid surface countertop on Feb. 1, 2002, according to a complaint filed Feb. 1 in Kanawha Circuit Court. Hall claims the countertop has cracked several times. Prior to purchasing the countertop, the defendant required Hall to be trained and certified in the installation of their solid surface materials by a Formica representative, according to the suit. Hall claims at the time of the purchase and installation of the countertop, the defendant advised him that the solid surface countertop was protected by a 10-year warranty and it would repair, replace or refund the costs of its product resulting from a manufacturing defect. The defendant knowingly, intentionally and unlawfully refused to honor its warranty, according to the suit. Hall claims the countertop is not merchantable, is defective and does not conform to the properties of the product as represented by the defendant. Formica's refusal and failure to honor its warranty is a breach of warranty, according to the suit. Hall is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by April D. Ferrebee. The case has been assigned to Circuit Judge Tod J. Kaufman.

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