Richmond Circuit Court
Brenda M. Lotz v. Window Depot USA of Central Virginia Inc.
Plaintiff says in late 2011 and early 2012 she began to investigate hiring a contractor to replace the windows, doors, skylights, roof and siding at her home in Suffolk. On or about May 5, 2012, plaintiff says H. Scott Flippo, sole owner and executive officer of Window Depot, came to her home to induce her to enter into a home improvement contract and make a substantial up-front payment––a $36,000 check––purportedly for the purchase of materials from Window Depot Corp. Plaintiff says she obtained approval of her final color selection from her homeowners’ association, and called Flippo on May 20, at which time, plaintiff says, he represented to plaintiff that he had ordered all of the project materials other than the siding. On or about May 23, 2012, Flippo committed suicide, plaintiff says. Plaintiff says she called Window Depot Corp. and was advised that neither Window Depot nor Flippo had ordered or purchased any materials for her home. Plaintiff has demanded of Flippo’s relatives the return of her $36,000. Plaintiff alleges fraud, conversion and misappropriation, and says defendant is bound by the conduct and representation of its agent Flippo. Plaintiff seeks judgment in principal sum of $36,000.
Law firm: L.B. Cann III of LeClairRyan
Filed: 8/29/2012. CL12003766
