Mathews couple prevails in home elevation suit

by Sherry Hamilton - Posted on May 15, 2013 - 02:58 PM

Mathews residents Wade and Susan Brooks have prevailed in their lawsuit against the Kentucky firm HHM LLC, which elevated their Garden Creek home several years ago under a FEMA grant awarded through Mathews County. A related lawsuit against Mathews County is still pending in Mathews County Circuit Court.

In addition, on Monday the couple was awarded a judgment against Kenneth Hinkle of HHM LLC personally in Mathews County General District Court.

Mathews County Circuit Court awarded the Brooks default judgment against HHM LLC last May, but didn’t issue a final order of default judgment with damages until this March.

That order outlines the complaint against HHM LLC, including that HHM LLC was not registered to do business in Virginia; that the company’s authorized agent, Kenneth Hinkle, who did have a personal Class B Contractor License in Virginia, violated Virginia law and DPOR regulations by allowing the company to operate in the state without being registered; and that the company, through Hinkle, submitted false information on an insurance declaration sheet, using a policy restricted to paving work as coverage for the elevation and foundation agreements.