Just Well Law: Jury Awards Texas Family $21.6 Million in Toxic Home Case

Lawsuit: 'Knowing and intentional' plumbing and construction defects exposed Fort Worth-area family to sewer gas, mold and 'severe contamination'

FORT WORTH, Texas, Oct. 14, 2026 /PRNewswire/ -- A Tarrant County jury awarded a local family $21.6 million after finding that construction defects in their home exposed them to toxic sewer gas, mold and insects attracted to moisture in violation of the state Deceptive Trade Practices Act (DTPA), their lawyers at Just Well Law, PLLC said today.

Ronny and Mandy McCoy alleged that the defendant had improperly directed plumbing vents into the attic, allowing sewer gas to circulate inside, causing migraine headaches, respiratory and skin problems, dizziness and other ongoing health concerns. The family also reported that the defendant had not entirely sealed the foundation, causing moisture intrusion and mold growth, according to court filings.

Late on Tuesday, after about two hours of deliberations, the jury awarded more than $21.6 million, including $10 million in exemplary damages against the contractor NAE Enterprises. The jury's findings included knowing and intentional conduct in violation of the DTPA, breach of implied warranty, negligence, negligent hiring and supervision, and gross negligence. The gross negligence finding and the exemplary award were unanimous.

The McCoys are represented by Maggie Neusel, Sabine Wakim and Kristina Baehr of Just Well Law, PLLC, in Austin. The final defendant in the case is NAE Enterprises, to which the jury allocated 77 percent of the responsibility. Other responsible parties included Dauenhauer & Associates (10 percent) and Ricky Dauenhauer (10 percent).

According to court filings, the McCoys raised concerns about a strong odor before closing on the home in 2018. After years of efforts, a plumber eventually discovered that the home's plumbing vents terminated in the attic. The family evacuated on the advice of the Texas State Board of Plumbing Examiners. Trial evidence included alleged foundation, moisture intrusion and mold problems. The home remains uninhabitable and the family has been forced to live in a recreational vehicle (RV) on their property.

Sabine Wakim of Just Well Law, PLLC, said, "Every family who hires a builder is counting on the same thing: that their home will be built safely and to code. The McCoys counted on NAE, and NAE did not deliver. We believe this verdict sends a clear message that builders in our community are responsible for the homes they build and for the families who live in them. We believe the jury's verdict reflects the harm that indifference to construction defects can cause and what happens when a corporation refuses to take responsibility."

The McCoys said, "We're grateful for the jury's service. This has been a terrible experience for our family. We hope this verdict will encourage other families to be heard when they suspect construction defects and toxic conditions that threaten them in their homes. We hope we can begin to heal and recover but also help prevent this from happening to other Texas families."

Maggie Neusel of Just Well Law, PLLC, said, "Because homeowners cannot see inside every plumbing line, attic or wall, builders and contractors owe families like the McCoys every effort to ensure their homes are built safely, comply with codes and the law, and are safe and habitable. This was not simply a case of poor workmanship. It was a profound failure of responsibility, with devastating consequences. This verdict sends an important message: the safety of the families who live in these homes must come before profits, shortcuts, or indifference. And when builders fail to honor that responsibility, they must be held accountable."

The case is Ronny McCoy and Mandy McCoy, individually and as next friends of K.M. v. NAE Enterprises, Inc., d/b/a NAE Contracting, Cause No. 067-365146-25, in the 67th District Court of Tarrant County, Texas. The trial began on Oct. 5.

Media Contact: Erin Powers, Powers MediaWorks LLC, for Just Well Law, PLLC; 281.703.6000, [email protected].

SOURCE Just Well Law, PLLC