Attorney Mark S. Tomlinson Secures Complete Defense Verdict in Sarasota Property Damage Case, Avoiding $250,000 Claim Against Local HVAC Contractor
On May 14, 2024, Dickinson & Gibbons Attorney, Mr. Mark Tomlinson, obtained a complete defense verdict in a property damage case in Sarasota County, Florida.
Mr. Tomlinson represented a local Sarasota based HVAC contractor. In 2022, the Plaintiff brought the case alleging causes of action for negligence and construction defect regarding our client’s installation of an HVAC system in the Plaintiff’s residence and claimed that our client’s actions resulted in personal injuries to the Plaintiff and his family as well as property damage, including mold.
Mr. Tomlinson was successful in dismissing the personal injury claims and the case proceeded to trial on the property damage issue. At trial, Plaintiff claimed our client negligently installed the HVAC system which led to the creation of moisture and mold, necessitating extensive remediation to the home. Mr. Tomlinson argued that our client did not negligently install the HVAC system, noting that the system was installed before the Plaintiff purchased the home, the system was permitted, inspected, and approved, and our client completed the scope of work which they were asked to perform. At the close of the trial, the Plaintiff asked the jury to award $250,000 in damages. In just over an hour, the jury returned a complete defense verdict, finding the Defendant was not negligent.
