Madison County Associate Judge Clarence Harrison granted in part and denied in part a construction company and contractor’s motions for summary judgment in an asbestos attorney’s lawsuit alleging mold and water infiltrated his $775,000 Troy home.
On April 13, Harrison filed an order granting summary judgment for count I, but denied summary judgment for counts II, III, IV and V.
Defendant Customary Construction was given 30 days to respond to plaintiff Christopher Guinn’s request for admission.
The suit was filed by Simmons attorney Christopher Guinn and his wife in April 2016 against Customary Construction and building Keven Kahrig.
The Guinns are represented by attorney Jason Johnson of HeplerBroom in Edwardsville.
They claim their home at 474 Tyler Dr. in Troy is uninhabitable due to mold. The Guinns purchased the home from Kahrig in September 2014 for $775,000.
The Guinns allege a Feb. 22 inspection report listed numerous defects in construction, including improperly constructed exterior walls and deck, which they say caused the water infiltration.
The plaintiffs claim they have been forced to live in a separate location and will continue to do so until the defects are fixed.
Customary Construction sought partial summary judgment on Oct. 6, arguing that summary judgment is appropriate for count I, which alleges the defendant owed the plaintiffs a duty to exercise reasonable care in the design and construction of the home.
“Plaintiffs alleged damages in this case are purely economic losses that are not recoverable in tort," the motion stated. “Plaintiffs seek damages for alleged diminution of value of their home and costs to repair or replace the walls and deck. Plaintiffs have not alleged any harm above and beyond disappointed expectations.”
Customary Construction then sought summary judgment for the additional counts on March 10 through Michael Hobin of Reed Armstrong Mudge & Morrissey in Edwardsville.
It argued that the plaintiffs waived all warranties, barring damages sought for breaches of implied warranties in counts II and III.
Kahrig filed his own motion for summary judgment on March 3 through attorney Peter Maag of Maag Law Firm LLC in Wood River.
He argued that damages sought for fraud in counts IV and V are not recoverable “as plaintiffs could not point to false statements made in the sales transactions, or adequately explain a duty to disclose any alleged defects in an ‘as is’ sales transaction.”
On May 11, Harrison granted Reed Armstrong Mudge & Morrissey’s motion for leave to withdraw as counsel for Customary Construction.
The defendant was given 21 days to have its new counsel enter an appearance or to appear pro se.
Madison County Circuit Court case number 16-L-443