A Texas City couple claims a flooring company took advantage of their trusting nature to improperly install a porcelain tile floor.
David and Susan Gillioz claim they hired defendant Mainland Carpet to remove vinyl tile from the family room and kitchen in their home at 9106 Glacier Ave. in Texas City.
They also requested that Mainland remove all the carpet in their home and install porcelain tile in the entire house, according to the complaint filed Aug. 28 in Galveston County District Court.
At some point before the repairs, the Gilliozes asked if Mainland was planning on using a moisture barrier beneath the porcelain tile, the suit states. The defendants replied that such a barrier was not mandatory because moisture would not penetrate the tile, the complaint says.
Mainland and defendant Ronnie Turrentine proceeded to install the floor for $8,395.70. During the installation, however, the defendants did not use spacers to install the tiles and did not use a leveling device, the Gilliozes claim.
"Since a moisture barrier was not used during the installation, plaintiffs began having problems with moisture coming through the floor," the suit states. "The plaintiffs called the defendants and defendant Turrentine, who came out and saw that there was growth on the back bedroom doorway and probed it for moisture."
Although the Gilliozes say they have requested that the defendants repair the flooring, Mainland has denied any problems with its installation and has refused to fix it, the complaint says.
The Gilliozes say the defendants engaged in deceptive trade practices and committed common law fraud and negligent misrepresentation.
"It is your plaintiffs' belief that the defendants acted upon your plaintiffs' inexperience and trusting nature and that the defendants required all funds to be paid prior to the completion," the suit states.
In their complaint, the Gilliozes are seeking economic and actual damages in excess of the minimum jurisdictional limits of the court, plus pre- and post-judgment interest at the maximum rate, attorney's fees, costs and other relief the court deems just.
Wilbur H. Dunten of Dunten Law Firm in Dickinson will be representing them.
Galveston County District Court case number: 14-CV-72686.
This is a report on a civil lawsuit filed at the Galveston County District Court. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.