CLEARWATER – A Pinellas County couple allege they have been unable to reside in their home because of noxious fumes from insulation they had installed.
Jennifer Fernandes and Abraham Miller filed a complaint on April 27 in the 6th Judicial Circuit Court of Florida - Pinellas County against The Energy Monster Inc. and My Energy Monster Inc. alleging breach of contract and other counts.
According to the complaint, the plaintiffs contracted the defendants to sell and install spray foam insulation at the plaintiff's Clearwater property on May 16, 2016 for $4,024. The suit states the plaintiffs were told that any residual smells or odors would exist for no more than 24 hours after completion of defendants' insulation work on plaintiffs' attic. However, the plaintiffs allege the pervasive noxious fumes in the home have existed to date and remain trapped within wall cavity spaces, ducts, furnishings and other areas of the home. They allege that they have unable to live in the home because of the fumes.
The plaintiffs hold The Energy Monster Inc. and My Energy Monster Inc. responsible because the defendants allegedly ignored and concealed consequences of a fire in the attic during work performance, violated safety and ventilation requirements from product manufacturer and failed to correct the adverse condition of the house.
The plaintiffs request a trial by jury and seek judgment in their favor, full amount of damages, costs, interest, and other relief as the court may deem just. They are represented by Andy Dogali of Dogali Law Group PA in Tampa.
6th Judicial Circuit Court of Florida - Pinellas County Case number 17-002597