Modular home owner sues developer over injuries related lot's grade

Kelly Holleran Mar. 24, 2010, 5:59am

A man blames the constructor of his modular home for causing his fall, saying the constructor failed to evenly grade the lot of land on which the modular home sat.

Dana L. Burgner filed a lawsuit March 16 in St. Clair County Circuit Court against Jim McDonald Sales.

Burgner alleges he purchased a modular home from Jim McDonald Sales on July 15, 2008.

"As part of the agreement of purchase and lot lease, Jim McDonald Sales was supposed to place the modular home on the lot and do all set up of the modular home and lot including all grading and concrete work," the suit states.

However, Jim McDonald Sales failed to properly grade the lot, according to the complaint. As a result, Burgner fell on an ungraded portion of the lot while attempting to move furniture into the modular home on Sept. 21, 2008, the complaint says.

Because of his fall, Burgner claims he suffered pain, incurred medical costs and lost his normal life.

Burgner blames Jim McDonald Sales for his fall, saying the company failed to properly grade the lot, including the area where the concrete was poured, left holes in the lawn and failed to properly grade the entirety of the lot.

Burgner seeks a judgment of more than $50,000, plus costs.

Jon Rosenstengel of Bonifield and Rosenstengel will be representing him.

St. Clair County Circuit Court case number: 10-L-131.

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