Custom Home Elevators seeks to dismiss a Madison County library district’s lawsuit alleging its elevators keep malfunctioning.
Six Mile Regional Library District filed the lawsuit on Aug. 19 against Korte & Luitjohan Contractors Inc., Custom Home Elevators, Garaventa USA Inc., Garaventa Lift USA Inc., Garaventa Lift BC and Library Mutual Insurance Company.
According to the complaint, the library district entered into a contractual agreement with the defendants on Sept. 30, 2013, for a construction project including two functioning elevators. However, since August 2014, one of both elevators have failed to function more than 30 times.
The plaintiff alleges financial damages as a result of the malfunctioning elevators.
Six Mile Regional Library District alleges the defendants defectively installed the elevators and failed to provide elevators that are fit for ordinary purposes.
Custom Home Elevators answered the complaint on Oct. 18 through attorney Edward Adelman of Goffstein Raskas Pomerantz Kraus & Sherman in St. Louis.
The defendant denied the allegations against it and filed a motion to dismiss counts VI and VII of the complaint, which allege breach of warranty under the Uniform Commercial Code on the theories of breach of implied warranty and merchantability.
Custom Home Elevators argues that elevators are not “goods” as part of the real property, meaning the plaintiff has no claim for breach of implied warranty against the defendant.
The plaintiff seeks damages of more than $50,000 against each defendant, plus court costs.
It is represented by Brian Konzen of Lueders Robertson & Konzen in Granite City.
Madison County Circuit Court case number 16-L-1167