Boston, Holt & Durham, PLLC

Flawed construction leads to wrongful death lawsuit

Moving into a brand new house is an exciting time for a family. It is often viewed with great anticipation and excitement of new beginnings and new adventures to come. One would not anticipate being involved in a wrongful death lawsuit against the builder less than a year after moving into a new home in Tennessee.

A family in Christiana lost a wife and mother in a tornado that struck the area in 2018. The tornado was an EF-2 with winds up to 135 mph. The storm caused the house to be uprooted from its foundation and tossed 100 feet away. A mother and her child were home at the time of the storm. The mother died as a result of the storm but her daughter was able to escape.

According to the suit, the foundation anchor bolts were not properly installed and bolted within the concrete footings, thus allowing the home to be ripped from its foundation. A search of the state's licensing database could find no valid contractor license for the builder of the home. The suit is seeking compensatory damages for pain and suffering for the father and his children. It is also seeking compensatory damages for the wrongful death of his wife.

Tornadoes are not uncommon in Tennessee. While no structure can be tornado proof, contractors should strive to build in as much safety and support as possible. No one should have to suffer the preventable loss of a loved one. While a wrongful death suit can't bring the loved one back, a successfully litigated claim can provide compensation for medical and final expenses as well as medical expenses for current and future treatment of those injured in the incident.

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