Texas Family Awarded $21.6 Million in Toxic Home Case
A Texas family has been awarded $21.6 million by a jury over construction defects that led to toxic exposure in their home. The verdict against NAE Enterprises found intentional misconduct and severe negligence.
A Tarrant County jury has awarded a Texas family $21.6 million in damages stemming from alleged construction defects that led to toxic exposure within their home. The family's attorneys stated the defects violated the state's Deceptive Trade Practices Act, allowing toxic sewer gas, mold, and moisture-attracting insects to infiltrate the residence.
The McCoy family claimed their home, built by NAE Enterprises, had improperly routed plumbing vents into the attic, causing sewer gas to circulate inside. This allegedly resulted in health issues for the family, including migraines, respiratory problems, and skin irritations. Court documents also indicated issues with an unsealed foundation contributing to moisture intrusion and mold growth.
The jury's verdict, delivered after deliberations on Tuesday, included $10 million in exemplary damages against contractor NAE Enterprises, which they found 77% responsible. The jury's findings also encompassed knowing and intentional conduct, breach of warranty, negligence, and gross negligence, with the gross negligence finding being unanimous.
The home was ultimately deemed uninhabitable, forcing the family to reside in an RV on their property. The McCoys had reportedly raised concerns about a strong odor prior to purchasing the home in 2018. The trial evidence included allegations of foundation issues and widespread mold problems. The family evacuated the residence on the advice of the Texas State Board of Plumbing Examiners.