HOUSTON — A suit alleges an 84-year old cancer survivor was left without adequate air conditioning or heat due to an HVAC contractor walking off the job.
Frances Mears and David Mears filed a complaint March 29 in Harris County District Court against Air Specialist Heating & A/C Company Inc., alleging breach of contract and violation of the Texas Deceptive Trade Pratices Act.
The plaintiffs allege in their complaint that the defendants left 84-year old Frances Mears, a cancer survivor, "without adequate air conditioning for a Houston summer or adequate heating during an abnormally cold winter" and in the middle of the COVID-19 pandemic due to their "egregious, deceptive and unconscionable actions."
According to the suit, in the spring of 2020, Mears' son David arranged for the defendants to replace the HVAC system and deep clean the attic space at her home in Houston for $25,000 with financing. The plaintiffs claim Air Specialist began work at the home on June 29, 2020, and not only failed to perform the work as agreed upon but also caused damage to the living room, bedrooms and bathroom.
The plaintiffs allege the defendants removed the AC unit and left Frances Mears with only a small, inadequate portable AC unit and then walked off the job. The plaintiffs further allege that only certain vendors will accept the financing they obtained and that the home is still left without a replacement HVAC.
The plaintiffs seek monetary relief between $250,000 and $1 million, interest, trial by jury and all other just relief. They are represented by Aaron Arenas and Michael Barcus of McClenny Moseley & Associates PLLC in Houston.
Harris County District Court case number 2021-18215