Homeowners allege deceptive trade in suit against window installer

David Yates Apr. 14, 2008, 10:34am

Leaky windows have led Charles and Linda Cox to file a deceptive trade practices suit against Royal Windows & Siding, the company who installed new windows in the couple's home following Hurricane Rita.

The Coxs' petition was filed on April 11 in the Jefferson County District Court.

According to the plaintiffs' petition, on Dec. 3, 2005, the couple entered into a contract with RWS for replacement and installation of 13 windows in their Beaumont home, after the house sustained damages from Hurricane Rita.

"Around August or September 2007, after severe rains, Plaintiffs noticed water around (their) windows. Moreover, at that time, Plaintiffs also realized that damage to the interior of their home had occurred as a result of the improper installation of the windows," the suit says.

The Coxes claim RWS allegedly violated the DTPA when it "engaged in false, misleading, and deceptive acts and practices that Plaintiffs relied upon to Plaintiffs' detriment.

"Defendants further violated the DTPA when Defendants engaged in an unconscionable action or course of action that, to Plaintiffs' detriment, took advantage of Plaintiffs' lack of knowledge, ability, experience or capacity to a grossly unfair degree."

The Coxes are suing for economic and actual damages, including out of pocket costs for the windows, the installation of the windows, the cost of replacement and repair of the windows, the cost of repairs to the interior of the home, the diminished and reduced market value of their home and the remedial costs and costs of completion.

They are also suing for mental anguish and attorney's fees.

The couple is represented by the Law Office of Rocky Lawdermilk.

Judge Milton Shuffield, 136th Judicial District, is presiding over the case.

Case No. D181-581

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