Madison - St. Clair Record

Monday, October 21, 2019

Couple voluntarily dismisses suit alleging misrepresented termite damage following negotiations

By Heather Isringhausen Gvillo | Mar 8, 2017

Madison County Circuit Judge William Mudge granted voluntarily dismissal in a couple’s suit alleging the company they purchased their home from failed to disclose known termite damage.

Plaintiffs Susan Sidener, formerly Susan O’Brien, and Robert Sidener filed their motion to voluntarily dismiss the case with prejudice on March 1 through attorney M. Joseph Hill of St. Louis.

According to two orders continuing case management conferences last year, the parties have been negotiating since at least October.

The Sideners filed the lawsuit on Oct. 26 against Home Renovators LLC, Thomas Gajewski and Mel Dutton, alleging fraudulent misrepresentation.

According to the complaint, Susan Sidener claims she purchased her home from the defendants in 2006. She and her husband claim they later discovered damage and a prior infestation of termites.

They allege the defendants knew of the infestation and failed to disclose, or attempted to hide the extent of the damage prior to the sale of the property.

Madison County Circuit Court case number 15-L-1351

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Madison County Circuit Court