Couple sues flooring company over defective product

Kelly Holleran Jan. 16, 2012, 8:15am

Two Jefferson County residents have filed suit against Lumber Liquidators after they claim the store refused to replace their worn hardwood flooring.

Daniel and Edne Geraci claim they installed a Schon Warm Cognac Curupay wood floor in their home in May 2010. They had purchased the flooring from Lumber Liquidators, according to the complaint filed Jan. 5 in Jefferson County District Court.

When selling the floor, Lumber Liquidators included a 30-year warranty, promising to replace the floor if anything should go wrong, the suit states.

Nine months after the installation, the Geracis noticed the finish on the wood flooring was worn and "had lost its luster in traffic areas throughout the home," the complaint says.

The couple claims they informed Lumber Liquidators of the issue on Feb. 26. Lumber Liquidators then hired defendant Inspect Solutions to inspect the Geracis' floor on March 21, according to the complaint.

The inspector who arrived at the Geracis house determined that the cause of the floor's wear and tear was due to a lack of furniture rests or floor protectors in the Geracis' home. However, the Geracis contend that they had installed floor protectors on all pieces of furniture.

"Furthermore, the damage to Plaintiffs' floor was in traffic areas away from any furniture," the suit states. "The wood flooring under and around Plaintiffs' furniture still appeared brand new."

The Geracis allege Lumber Liquidators never intended to honor the warranty.

They say the store engaged in deceptive trade practices, a civil conspiracy and negligence. In addition, it breached its contract and its warranty, the complaint says.

In their complaint, the Geracis are seeking an unspecified judgment, plus attorney's fees, costs, pre- and post-judgment interest and other relief the court deems just.

Ray B. Jeffrey of Jeffrey and Mitchell in Bulverde will be representing them.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Case No. B191-612

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