A Houston woman is suing a prominent HVAC service company for negligence and fraud, claiming their faulty installation led to severe health issues. Virginia Moses-Greer filed the complaint against American Residential Services, LLC d/b/a ARS/Rescue Rooter in Harris County District Court on May 28, 2024.
According to the court documents, Moses-Greer alleges that ARS installed an HVAC furnace system at her home on May 28, 2022. The installation was supposedly completed based on an Installation Work Order identifying call slip 8985335. However, an inspection by the Houston Public Works permitting department in June revealed problems with the connections related to ARS's installation. Despite being informed of these deficiencies, ARS did not take any corrective action or inform Moses-Greer about the issues.
Moses-Greer began experiencing severe health problems shortly after the installation. She reported symptoms such as fatigue, dizziness, headaches, body weakness, and general malaise. On September 6, 2022, she suffered from vertigo and fell inside her home, requiring medical treatment and hospitalization. A similar incident occurred on September 18, 2022, leading to head trauma and further hospitalization.
The plaintiff claims that between May 28, 2022, and February 15, 2023, her home was periodically infiltrated by poisonous sewage gases and carbon monoxide due to the faulty HVAC connections. This exposure allegedly caused serious personal injuries requiring multiple hospitalizations. It wasn't until February 15, 2023—when a warranty inspection revealed the source of her health issues—that Moses-Greer realized the extent of the problem.
Moses-Greer's lawsuit accuses ARS of violating several provisions of the Texas Deceptive Trade Practices Consumer Protection Act (DTPA). Specifically, she alleges that ARS used false or misleading acts or practices that were relied upon by her to her detriment. These include misrepresenting the quality of their services and falsely claiming that work had been performed when it had not.
Additionally, Moses-Greer asserts that ARS breached both express and implied warranties regarding the HVAC system's performance. She also accuses them of gross negligence for failing to use ordinary care during the installation process and making false representations with reckless disregard for their truthfulness.
The plaintiff seeks monetary relief exceeding $250,000 but not more than $1 million for economic damages resulting from medical expenses and loss of income due to her inability to work. She also seeks damages for mental anguish and physical suffering caused by ARS's actions. Furthermore, Moses-Greer is asking for three times the amount of economic damages as well as exemplary damages under Texas law due to what she describes as gross negligence on part of ARS.
Represented by attorneys David Odom from Mike Massey Law and W. Matthew Waldrop from Waldrop Law Firm PLLC., Moses-Greer is requesting a judgment against ARS for actual damages along with pre-judgment interest, post-judgment interest costs of court proceedings plus reasonable attorney fees under Section 17.50(d) Texas Business & Commerce Code among other legal remedies available under Chapter17 DTPA statutes including restoration work needed because negligent acts committed by defendant’s employees while performing their tasks inside plaintiff’s residence located within Harris County jurisdictional boundaries where this case has been filed bearing Case ID: #2024-33566 before Judge Marilyn Burgess presiding over District Clerk Office docket records showing official filing date stamped May28th year twenty-twenty-four at precisely three-fifty-one pm CST local time zone per envelope number #88179399 documented therein.