A Youngville couple has filed a class action lawsuit against homebuilder D.R. Horton, alleging their home has been beset by design and construction defects that led to water intrusion and rampant toxic mold.
Alicia R. Dixon and West J. Dixon filed the litigation March 8 in the 19th Judicial District Court in East Baton Rouge against the residential construction firm and subcontractor Bell Mechanical Services. Plaintiffs’ attorneys contend that the company’s home defects affect thousands of residents across the state, including Lafayette Parish.
“It’s a fraud case against D.R. Horton based on their systematic knowledge,” attorney Lance Beal told the Louisiana Record. “They know that the houses are not suitable for humid climates, and they’re continuing to sell these houses to Louisiana citizens. There’s faulty ventilation, it’s defective in design and construction, it’s prone to water intrusion.”
Problems identified by the plaintiffs in the lawsuit include improper attic ventilation, drywall damage, improperly installed windows, toxic mold growth and an inability to cool off the home during hot summer months.
“Although the petitioners properly submitted numerous timely warranty claims to fix the numerous defects … neither D.R. Horton nor Bell Mechanical remedied any of these defects or problems,” the complaint states.
Attorney Yule Lorio stressed that the class action is not primarily about toxic mold.
“Mold is a symptom of the focus of the problem, which is defect and design and construction,” Lorio told the Record.
D.R. Horton did not immediately respond to a request for comment. The Louisiana law firms involved in bringing the lawsuit include the Unglesby Law Firm in Baton Rouge, Fayard & Honeycutt in Denham Springs, Lorio Law in Lafayette and the Law Office of Lance Beal in Lafayette.
The class action seeks damages for past and future mental pain and suffering, past and future physical pain and suffering, medical expenses, lost wages, loss of property value and attorney fees. The class members are similarly situated owners of D.R. Horton homes in South Louisiana that were built between Jan. 1, 2013 and the present.