Tiger Services denies liability and argues that Madison County homeowners failed to mitigate their damages before filing a suit alleging their home flooded after the defendant failed to repair a clogged pipe.
Nicole and Christopher Hess filed the complaint through attorney Brian Wendler of Wendler & Zinzilieta PC in Edwardsville on Jan. 11 against Tiger Plumbing, Heating, Air Conditioning & Electrical Services, doing business as Tiger Services; Tiger Plumbing Services LLC; Tiger Heating and Air Conditioning Services, Inc.; Tiger Electrical Services LLC; and Jeff Gamblin. Gamblin is the “owner, director, officer, and/or manager” of the defendants, the suit states.
According to the complaint, the plaintiffs experienced plumbing issues at their home on July 9, 2020. They claim they had a partially clogged sewage and water drain line extending from their basement to the street. They contacted Tiger based on its local advertising. A Tiger employee allegedly told the plaintiffs that the problem was due to underground clay pipes running from the home to the street. He said the pipes would have to be replaced, the suit states. The defendants allegedly offered to complete the required work and solve the problem for $13,000. The plaintiffs agreed and paid $13,122.20 for the defendants services.
However, the plaintiffs allege the defendants failed to replace the entire length of the clay pipes as promised, failed to solve the problems with the clogged drain line and failed to complete the repairs in a professional or workmanlike manner in accordance with standard practices.
As a result, the plaintiffs claim their home was flooded. They claim they hired additional contractors to perform the work the defendants had agreed to complete but failed to do and to repair the damage the defendants allegedly caused.
The defendants filed a joint answer to the complaint on May 5 through attorney David Boresi of Franke Schultz & Mullen PC in St. Louis. They deny liability.
In their affirmative defenses, the defendants argue that the plaintiffs failed to mitigate their damages and fail to state a claim upon which relief can be granted. They also argue that the plaintiffs’ claims do not permit a private right of action.
“Instead, the right to assert a cause of action is reserved to the Illinois Attorney General or designee,” the answer states.
Madison County Circuit Court case number 21-L-31