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SOUTHEAST TEXAS RECORD

Wednesday, May 8, 2024

Woman claims negligent HVAC work caused mold, mildew in ceiling, air ducts

Lawsuits
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HOUSTON — A Houston property owner claims negligent work and installation of her HVAC system caused mold and mildew in the ceiling and air ducts which made her house uninhabitable.  

Pegah Zabihi filed a complaint June 30 in Harris County District Court against Bayou City Aire LLC and Angel Martinez, Jr., alleging negligence, breach of contract and warranties and fraud. 

According to the complaint, the defendants were on the plaintiff's premises to check the HVAC system in September of 2017. The plaintiff alleges the defendants made repairs and cleaned parts of the system and that "several more service calls" followed due to the systems "improper performance." The plaintiff claims in July of 2019, there was black mildew and mold on her ceiling and air ducts and water damage due to the defendant's negligent installation and service of her HVAC system. 

She alleges the defendant's "shoddy work" made her property uninhabitable and that they made misrepresentations which constitute fraud. The plaintiff further alleges she has suffered a reduction in the fair market value of her home and incurred temporary housing costs as a result of the defendant's negligence. 

Zabihi seeks monetary relief of less than $250,000, interest, trial by jury and all other just relief. She is represented by Chad Points and Anthony Denena of Denena & Points PC in Bellaire. 

Harris County District Court case number 2021-39255

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