Wrong business named in major Kentucky lawsuit

SOMERSET, Ky. (WKYT) – A southern Kentucky roofing company was named in a substantial lawsuit seeking thousands of dollars in judgments.

However, the defendant named in the lawsuit says that the plaintiff incorrectly identified him, when another company was actually at fault.

The roofer, who was the victim of the mistaken identity, is based in Somerset.

Malcolm Mesalam has had his own roofing business for 11 years. He believes most if not all his customers have been very satisfied with his work.

“But we do good work. I guarantee everything I do for life. I don’t have anything to worry about there,” said Mesalam, who owns Thoroughbred Roofing.

However, he was shocked when a sheriff’s deputy delivered a civil summons naming him as the defendant in a lawsuit.

WKYT received a copy of the lawsuit, which clearly states his name, address, and business as Thoroughbred Roofing in the lawsuit claiming negligence in removing or puncturing shingles without necessity or justification, among other allegations.

We found 14 lawsuits against his company, all filed by Kentucky Farm Bureau.

“Something coming out like that with 14 or 17 civil summons, going against a company that is public record. With a small business, it is something you may not be able to come back from,” said Mesalam.

An attorney representing Kentucky Farm Bureau said it was a mistake because the actual company being sued has a name very similar to that of the Somerset business.

An attorney also called Mesalam Friday morning, telling him that it was a case of mistaken identity, and he was not being sued.

“I didn’t get any reason. They didn’t. I don’t know if they ever apologized. Called me back and said, ‘We’re going to amend it before the end of the week. You don’t have to do anything,’” Mesalam said.

Mesalam says his customers can vouch for his work, but is concerned that since the original suit was public record, he could face problems in the court of public opinion.

The attorney representing Kentucky Farm Bureau says they are in the process of serving papers to the company that’s the actual defendant.

WKYT is not identifying that company because they had not been served as of Friday morning.

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