Jury rules against Maronda Homes; couple awarded nearly $3.2 million
Tuesday,  February 19, 2008 8:50 PM
THE COLUMBUS DISPATCH
A couple who said that Maronda Homes of Ohio sold them a defective house in Reynoldsburg and failed to correct the problems won a jury verdict today worth nearly $3.2 million.

The Franklin County Common Pleas jury awarded Roman and Jennifer Cosner $731,586 in compensatory damages and $1 million in punitive damages. The compensatory damages will be tripled to nearly $2.2 million under the Consumer Sales Practices Act because jurors found Maronda acted in “an unfair, deceptive or unconscionable” manner.

And because jurors ruled that Maronda acted “knowingly,” the plaintiffs will be awarded attorney's fees, to be determined by visiting Judge Dale A. Crawford after a March 21 hearing.

“Today's verdict was some vindication for this family,” said Dan Mordarski, attorney for the Cosners. “The punitive damages hopefully send a message to the builder that they can't do this to anyone else.”

Executives at Maronda, a Columbus-based home builder, issued a one-sentence statement saying the company “is disappointed with the outcome of this case... and is exploring all of its legal options.”

The Cosners filed the breach-of-contract lawsuit in summer 2006, saying Maronda sold them a house at 2034 Ravine Way that contained numerous defects, some of which allowed moisture into the structure and mold to grow.

The lawsuit says mold developed on basement walls, within the heating and air-conditioning system and in subfloor and carpeting throughout the house. It also lists other structural problems with the house, which they purchased for $219,100.

The list of problems included a defective foundation, an undersized heating and air-conditioning system, leaking plumbing and buckling roof shingles.

The Cosners said Maronda failed to correct the problems or to pay the hotel bills and apartment rent they incurred because “the home is unlivable.”

The house is located in Licking County, but the lawsuit was filed in Franklin County because that is where the builder has its headquarters.

jfutty@dispatch.com



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