West Virginia Record

Wednesday, October 23, 2019

Couple's lawsuit blames mold infestation on faulty air conditioning unit

By Robert Hadley | May 5, 2016

WINFIELD – A Putnam County couple's lawsuit seeks damages from the dealer and manufacturer of their air conditioning system over alleged defects in materials and workmanship.

Aaron and Jennifer Simmons filed a lawsuit April 27 in Putnam Circuit Court against United Technologies Corp., Carrier Enterprise LLC and C&R Heating Cooling and Electrical LLC, alleging fraud, misrepresentation, unfair and deceptive actions, and warranty violations.

According to the complaint, after the plaintiffs bought a new air conditioning unit from C&R in June 2015, they discovered it was leaking water under their house. Although they reported the issue to the defendants and the unit came with a 10-year warranty, the suit claims, the defendants have taken no action to repair or replace the system. As a result of the leak, the plaintiffs say their home suffered mold damage, negatively affecting their health.

The Simmonses seek a jury trial and punitive and compensatory damages, plus interest and litigation costs. They are represented by attorney Thomas H. Peyton of the Peyton Law Firm PLLC in Nitro.

Judge Phillip M. Stowers is assigned to the case.

Putnam Circuit Court Case number 16-C-99

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Putnam Circuit Court