NEWARK, N.J. (Legal Newsline) - Three individuals are suing a heating and cooling manufacturer, alleging sale of defective systems to residents.
Awrence Argabright, Victoria Fecth and Librado Montano, behalf of themselves and for others similarly situated, filed a lawsuit July 6 in U.S. District Court for the District of New Jersey against Rheem Manufacturing Company, alleging it didn't test the quality of its residential heating ventilating and air conditioning systems (HVAC).
The lawsuit alleges the evaporator coils made of copper-based alloys prematurely corrode and leak refrigerant even under normal and correct use.
“Because the Rheem HVACs leak refrigerant [and must be refilled at a substantial cost], they are unable to function properly and are thus unfit for their ordinary and intended use,” the lawsuit said. “The loss of refrigerant due to leakage reduces and ultimately eliminates the Rheem HVACs’ ability to provide cold air.”
Rheem offered a replacement evaporator coil in 2013 made of a different metal, however, it failed to let customers know about the defect, the lawsuit said.
The plaintiffs seek class status for those who purchased HVAC systems from Rheem as well as more than $5 million in damages, plus court costs. They are represented by attorneys Melaine H. Muhlstock of Parker Waichman in Port Washington, N.Y.; Jordan L. Chaikin of Parker Waichman in Bonita Springs, Fla.; Charles J. LaDuca, Brendan S. Thompson and Benjamin Elga of Cuneo Gilbert & LaDuca, in Bethesda, Md,; and Charles Schaffer of Levin, Fishbein, Sedran & Berman in Philadelphia.
United States District Court for the District of New Jersey case number 1:15-cv-05243.