Letting Things Get Too Cold
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- Опубликовано: 8 фев 2025
- The plaintiff says he hired the defendant to fix his central air, and he replaced the condenser. The air would never shut off, but after a few months, the problem was finally fixed. He’s suing for the extra utility bills. The defendant says the plaintiff’s heater was malfunctioning and causing the problem. He denies any responsibility for the additional costs.
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The plaintiff did everything right and had all of his evidence, he is well spoken and didn't act nasty towards the defendant.
I’ve never seen evidence like this before ever. This guy needs to be a dang attorney lol! He came with EVERYTHING baby!
Fpl offers that information on the bill. It's easy to get. But you're right, most people wouldn't think to have brought it.
SUCKS he still lost
Now when the plaintiff doesn’t give the defendant a chance to fix the problem JM has a problem w/ that but when the plaintiff does give the defendant a chance to fix the problem JM says he should have gotten another AC person to fix it. You can’t win for losing.😩😩
Exactly what I said!!!!!!!!!!!! You have to give people a chance!
This judge is so full of it her eyes are brown. What she dishes out is not any kind of Justice. She doesn’t know the meaning of the word. She needs to go back to law school and actually graduate
You misunderstand. Yes, you should give them a chance to fix it. But when they aren’t responding and your electric bill is climbing and climbing, at some point common sense says to mitigate your damages. There’s another case with a roof that’s the same premise of the contractor not responding. The difference is they had it fixed when he wouldn’t respond, just like this guy should’ve, and THEN took him to court to pay for the fix that should’ve been done.
@RueM-lf3xm Yes, its called mitigating your damages, which the plaintiff has a responsibility to do. However, he did have enough evidence to render a verdict in his favor, considering the increase started on the day they tampered with the unit. However, what sealed his fate was the testimony from the alternate technician who stated that he didnt see anything wrong. What would have been just was for the judge to award damages for half of the bill. The defendant should have done his due diligence in thoroughly checking the unit. He also stated that he couldn't access the top of the unit, but the other technician was able to do so without issue. He may not have damaged the unit, but he certainly did not go through all the necessary steps to ensure a properly working ac unit.
I normally agree with the judge but not this time. In previous cases she’s said that you have to give them a chance to fix it, and HE DID! More than enough time smh Defendant should’ve paid up!
I am just super impressed with how prepared the Plaintiff is!! Most Plaintiffs barely have any information lol. He went above and beyond. Great job!!👏
This one was tough. The plaintiff had all his evidence I don’t understand how he didn’t win!
You’re damn if you give them a chance to fix it, damn if it’s a long time and damn if you don’t 🙄
*damned
I was hoping the plaintiff would win, he seemed to be very prepared, and I thought the print out from the electric company was the proof he needed. It's unfortunate that even after the plaintiff communicated ongoing problems, the "experts" didn't check all the possibilities, but just one - the freon. If they had been more thorough, it may not have come to this. It does sound like the defendant gave him some discounts, but I think he should have paid a portion of the bill.
I can’t believe she ruled this way 😮 I thought he would win smh
No one uses freon in Central air/heat. They used to on window AC. But no longer. LMAO! You are behind the times.
@@trekgirl65 It was a smaller unit inside a closet above a doorway that was hard to get to. The defendant talked about using freon. It may not be a typical central air/heat unit in this particular condo.
@@DL-ep5uk I understand your point, but the guy does live in Florida, and if there was no ac for 2 weeks it may possibly allow mold to grow because it does dehumidify the house too. (I know this because my central ac died in the middle of summer- had to get a new one which took a couple of weeks - whole house smelled musty despite using window ac units to use temporarily)
I agree. When they went back out there and changed the freon, they should have not have left until they verified that the AC unit would shut off.
What a patient man!!
There are some people here on earth 🌎 that have mustered the "Art of
I feel so bad, he had all the info, she's must be menopausal.
First time I've ever disagreed with the honorable Judge! This guy went through hell & was a lot nicer than I would have been. This guy got screwed royally. No justice here.
Checking the refrigerant should’ve been the top 3 things done. This defendant doesn’t know what he is doing
I disagree with the judgment. I feel bad for the plaintiff. He seems genuinely victimized. 😅
I feel like this is a lesson that every homeowner learns the hard way.
What was the lesson lol
Holy crap, judge was 100% wrong, What more did he need to provide, blood, child....BS
I've had a similar issue. I immediately turned off my AC to save electricity. However, the defendant should've noticed on his 2nd visit after installing the motor. The heat was running in tandem with the air. It's a super easy to notice & fix to dismantle the heat strip. However once you dismantle the heat. You'll have to reschedule a return visit to reconnect the heat; or just replace the motherboard to fix the issue all together. I think the AC guy should've paid a small portion. While the large majority was the plaintiffs responsibly.
I had the same issue with my AC, also in SFla. We had our AC repaired and it ran constantly but never got cold. We called the repairman back and he immediately figured out that the heat was also running and was able to quickly fix it. This isn’t a hard diagnosis and the defendant is just bad at his job.
That's like saying that your doctor diagnosed the cause of your cough easily but since a different doctor took longer to diagnose a different person's cause of their cough then that doctor in just bad at his job.
The defendant stated, 'FPL are not technicians & they just guess & automatically tell customers to check the heat strips.' That said, if the defendant has that knowledge, as he IS a technician, then why didn't he himself check those heat strips when the plaintiff called him multiple times, BEFORE the FPL bill grew to over $600.? Since he ignored the plaintiff's calls for help, and failed to do his 'technician' job, for so long he should bear the added electricity costs.
I always find it irritating when a professional says that the client should have asked about the problem, that the professional didn't pick up on, yet the client is NOT the professional, they are, so they should be able to see if all is OK and if not, do a diagnostic, not just hope for the best. And with the plaintiff's evidence the judge asked the defendant 'convince me otherwise' I don't think he said anything convincing and yet she found in his favour WHY?...
She kept stating hire someone else money don’t grow on trees 😩
Then you cant prove your case. 🤷♂️
It seems to me that if you're a professional, someone hires you to fix something, you do the repair, and the customer calls you back a day or two later to let you know it's still not working -- that's the point where you do a thorough diagnosis to figure out exactly what is wrong. You don't just keep guessing, replacing one thing after the other. Auto mechanics do this too. "Oh that wasn't it? Okay let's try this then . . .". No, I want you to figure out what is wrong and fix it, not just keep guessing until you finally guess the right thing. Maybe that's impossible? It happens so often though and it's so frustrating, because as the customer, you're dealing with an item that stays broken for a long time.
When you hire an expert to work on a broken ac/heat system, and he fails to fix the unit, and is contacted multiple times that the unit is still not perfoming properly, then the expert should be held liable for the consequential damages. It's not like the heat strips are some seperate system. I the tech didn't realize it on the initial call, they should have realized it on the call back.
There should be way more expert witnesses for either side,if they want to win. Yes I agree the "expert air conditioning/heating " should have been more efficient at their job ,never just fix what the customer says needs fixing... A mechanic doesn't do that .they diagnose the problem. If they are professional that is...
I TOTALLY disagree with the ruling. What else could the plaintiff have done?
Oh man! I feel the plaintiff’s pain!!! No coolant! No coolant!! Mine was a new install in July and all the coolant leaked out but my ac guy never bothered to check. I had no ac during a very hot summer. He blamed the thermostat but it never cooled my house. It never stopped blowing because it never reached the set temperature. So obvious. And he never listened to me either!! He blamed everything else but it was his shoddy job and an inferior product. He actually put a brand new one in. Charged me, too. Oh man this brings back bad memories.
If he would of got someone else to fix it she just would have said well you didn’t even give him a chance to fix it
💯
Another wrong decision.
The problem was misdiagnosed from the beginning.
An icing evaporator is not due to the motor that was replaced incorrectly.
Low refrigerant is caused by a leak. Nothing else.
The heat strips were never involved until the unit was repaired.
So by logic the repair caused the duplicity if the air-conditioning and heating is operating at the same time.
Or it was the original problem in the first place. Although it would not just go away.
The judge could afford the implementation of outside experts who can give her the knowledge necessary to make a proper determination.
Time to start getting smarter before rendering verdicts.
good verdict . homeowners should be responsible for their own energy bills and not get away with trying to convince a judge that somebody else should pay their utility bills . if u have a problem with your energy bill then call your utility company and work it out with them .
I ABSOLUTELY AGREE WITH YOU MICHAEL CLAFFY!
Her verdict 👎🏾plaintiff should’ve won the case
I agree 👍 with you. She is lacking knowledge in alot of cases.
She annoys me when she interjects every 2 seconds they can’t complete a full sentence before she interrupts.
Yess!!!! I agree!! Let the man talk
I knw she always does that!
She interrupts them because she had read the entire case prior. If she would let them talk, they'd be deriving from one BS story to another. Each case has limited time to solve/make a decision. She stops them when they start their BS story and "let's stay with the subject".
I'm sure if she were to let them talk forever and ever, you guys would be the first ones to nag about the BS story.
Can't please some people at all.🤔🤔🤔
She has a horrible habit of this. Then to make it worse she will try and cut u off and then finish your sentence and then doubt their statement. Well honey HUSH
@@olderandwiser5916 yes yes yes! Totally she sometimes let's them talk long enough to hang themselves 🤣
The defendant is 100% correct
Not at the end yet but no A/C repair should have the electricity bill through the Roof once it’s fixed!
He should have gotten something because what if he had another person work on it then he can't figure out who did the wrong things to it smh that's stupid
Can we talk about how the company is called “constant cooling” 😂
Hey good morning peeps lol let's get into it much love from palm beach county Florida 🥰
I am not a fan of Judge Milian's believing another professional is going to give you a sworn affidavit, as a witness that another professional, did shotty work that caused you to require, calling them, for one if it doesn't concern them, they are not going to get involved, most people do not like being involved, with anything concerning the law at all, or they will ask you for money to do it, but most won't do it. because it also opens them up to civil liability, in case the other company decides to retaliate, so most just will not go there, she should stop asking for that as proof, SMH
He probably didn't move right on with a second company bc he was trying to get the people he ALREADY paid to fix it to come out and mend the issue. I don't think it's fair he lost or that he lost on part of the basis being he could've called a different company. Well he called this company. And they didn't fix it. Idk. Maybe Idk what I'm talking about. Lol
NO, YOU'RE ABSOLUTELY RIGHT! THE PLAINTIFF SHOULD HAVE WON 😕
That’s exactly why he didn’t call someone else. I completely agree with you.
I think the plaintiff should have won this case and has at least some of his bill paid by the defendant. Def disagree with the outcome here.
Commock should’ve taken the whole unit out, and not just the motor.The whole problem was probably lack of air flow!! He said himself that the unit was placed too high in the closet!
Everyone saying she said give them a change to fix it and then saying get someone else to do it.
Yea but at some point you have to stop the hemorrhaging! If the man wasn’t doing it to your expectations get someone else and sue him later.
new drinking game: take a drink everytime anyone says 'basically'.......
Judge was wrong on this one. This repair guy was negligent at best!
Sounds like the defendant should have fixed all the problems. Not just one.
Happy Tuesday y’all 🎉
Ok David Ellis.
Happy Tuesday to you, as well. 😊
🥳🥸
You too 😊
what up Triple S 😊
“$677”!!! Holy Cow!😳
I do not agree with JM on this one!!! This man had everything he needed
I don’t think I’ve even been this early lol good morning from Cali my peoples court fam ❤
👋🏽
If you're in San Fran please watch your step when you're in or around the city.
The Judge got this one wrong.
This was a great case and both litigants presented themselves impeccably and very informative, particularly being a home owner in my estimation.
Is this really Adrian? 😮
@@ElLiSe.. yep, it's Adrian Prince, don't expect any negative comment from him, if the litigants are men. He's only negative when they are females😒
@@sheilae.9670 Don't forget about the fact that at least one of them is a homeowner as he is. 🤣
Ok Adrian I'll bite. The home you own must be pretty nice; have you been living in it very long?
@@BadPenny023 lmao 🤣 😂 oh yes, he will always remind us that he owns his home..smh
I guess the only way to win in this case would be after the repair man came back the second time and it wasn’t fixed. Hire a new repair person and sue the old one for the new bill. 🤷🏽♀️
The repair man was a liar about calling licensed tech support inept in their assessment of his repair. They checked and found out the heat strips was placed wrong and that is what cause the AC part of the Heat and air to keep running nonstop. He is no expert and needs a different day job, since he does not know what he is doing and is not licensed.
I don't agree with this judgment. If I heard correctly the defendant stated the motor that he fixed was at the top. Then later it was determined the heat strips were at the top, so he could have possibly damaged something. The only thing the plaintiff should have done, in my opinion, was bring a statement from another a/c person, or one he could have called to refute the defendant's statement, because he could have said anything. The judge or the plaintiff know nothing about how an a/c works or its components.
I'd be right P.O.D. if I had to eat that bill if I were the guy too... Check the damned heating strips , it's your job as a professional !!! No pain & suffering in most of the cases that come to court !!! Too bad. You did a great job with your presentation of evedence. Judge Millan you ROCK !!!
The plaintiff did good I felt he had enough papers to make his case. If anything the defendant could've paid half of the electric.
I don't see why JMM didn't rule it that way.
Very informative and prepared plaintiff , which is rare. I feel that the plaintiff was also very responsible, and that also is a rare occurrence. I also feel the defendant could have been more responsive and I feel a bit better trained on A/C repair. Sadly I feel it was a bad verdict.
The defendant should of came and checked it back out
Judge got this totally wrong 😢
JM was wrong on this case the defendant should’ve paid a small portion of the bill
On what basis?
Fact !
A half a$$ job, only finds half the issues? You wouldn't take a car in for an inspection, and expect that they only check some of it? The initial inspection should cover what's obviously needed and include an estimate for what else could still cause the problem, if the issues persist?
Seems like milians approach for certain folk is to see how she can NOT let them win any money. 😒😏
Seems like your approach for certain folk is to see them lose money for no reason 😒😏
They should of checked the level of refrigerant before any repair and after. They improperly troubleshooted. They basically drove a car without oil.
Once again, another home owner who loses by owning instead of renting. If I have a problem with my AC, I call property management and it gets fixed (or I get to withhold rent).
Hmmm… I dunno I think the plaintiff should have won… it’s not beyond a shadow of the doubt - it’s more likely than not.
Fact - power usage was low and not above $110 until they messed with the unit.. this was supported by actual data supplied by the power company.
The defendant keeps stringing him along and not answering him so he gets tired of waiting and has FPL take a look who say it’s because of what the defendants company did.
Fact the defendant disconnected the heat strips that was causing the issue and another company put them back together and the issue never happened again.
I dunno I feel like that’s overwhelming evidence.. it’s not like having an oil leak and your ac stops working or your breaks start to grind, this was supported by actual data and he was still found to not have enough evidence.
I might have just shut the A/C off when the house air was cool enough, called another repair company and just use rotary fans to circulate the cooled air until the unit was fixed. It's an inconvenient but inexpensive way to keep the electric bill down in the meantime.
Uh….not in Florida 😢
It's a temporary measure that works. I live in a hot place and did this when I had some A/C trouble. Luckily the AVAC guys were just down the block and weren't loaded up with too many appointments so the problem was fixed in less than 2 days. It's not nearly as good as having functioning A/C but way better than just opening the windows and praying for a breeze.
The air never got cool enough, and even if it had, the house would start warming up again as soon as he turned it off. Even in NJ this would happen; Florida heat and humidity is much more extreme.
I live in South Florida and I couldn't imagine living without AC in the summer. Yes having circulated air flow helps but it just becomes unbearable during the day sometimes. I feel like the only time that you could really do this would be at night.
.... and yet our not too distant ancestors did it.
I think the judge got this one wrong! 😑
Granted Fpl has pumped up their fees. I went from 120 to 320. But there's no way that came from fees
The AC guy is wrong, when you fix ac you need to check the differential between the temperature entering and temperature going out, if the temperature is greater than 12 degrees some thing is not right
He should realize the first moment that air coming out was not cool enough
This ain't right at all. That's my girl but even the blind can see the ruling is insane.❤
"Constant Cooling"??? Literally. The air conditioner never shuts off. Talk about living up to your name.
I do HVAC for living and have been for 13 years. The plaintiff should've won this case because that A/C company scammed him. The problem that caused both the cooling and heater to run at the same time is a little $10 relay that is stuck closed causing it to give voltage/call to make the heat strips come on at the same time as the cooling. Normally, that part inside for the heater call of it is normally opened. So when you put your volt meter on the 2 pins that control the heat, you'll check for continuity (see if it makes a circuit), so normally, if the relay is not malfunctioning (aka bad) then when you check it, it won't make a beeping sound. If it was closed (aka bad) it would make a beeping sound. So you just replace that little relay and it will operate like normal. Even if they actually hooked up their guages and see the pressures all acting funny (basically both the suction and liquid side will be pretty much extremely high) then yea something is wrong so a Professional will actually look at if the heat strips are running at the same time. Then if so then just replace that relay and everything will be good and pressures will actually be showing normal operations. I live in SW Louisiana and during the summer time it does get extremely hot and the problem the plaintiff was having is a very common thing with electric air handlers, even brand new systems I put in have the same problems here and there but I fix it in less than 10 minutes. Just watching this video made me pissed off cause that A/C company owner or whomever it is should pay that plaintiff back for everything he paid for cause he got screwed by a scamming company that don't know how to actually fix and work on A/C units. And yea all that money he spent, it was what like $1000 for it all, yea if a professional like myself would've done it, then the bill probably would've been maybe free or maybe $100. I seriously hate A/C companies like that defendant cause they like to screw people over for wrongfully mis diagnosing the problem and not fixing it right the 1st time. And there's a crap ton of those companies like the defendant around my area that likes to screw people over then us professionals have to come after their $hitty work and actually fix the problem correctly.
How about checking the thermostat
JM was wrong on this case, the print out from the electric company was proof.
I take the explanation that the defendant gave is reasonable but I still think that the defendant is at fault because he took so long to come back and he should have checked for those common things that usual... Which he himself said it was
The heat strips are usually inside the a/c unit by the output or just outside the output and wired separately.
I think the Judge was wrong. The plaintive did all the right things. He constantly called, even got ignored for a time. Plaintive was giving him a chance to fix the issue ( remember he doesn't assume to know what's wrong ). If he went with another company the AC person would had sad you should of had called me so I can fix my work. So then the contract would have been voided. Molan should have at least made him to pay half.
I have had the same problem with my AC. The technician that came out to fix the unit kept on mid diagnosing the problem. I eventually got the unit fixed correctly. I had to bite my tongue to keep from calling that technician every explicit known to man.
I am commenting before watching the case. If the AC wouldn't go off once the room was at temp and you KNEW it was doing this..... then it is the plaintiff's responsibility to get up and turn it off. You are the one that let it run.
My husband has been an air conditioning and heating tech for over 20 years. We live in California though, but it doesn’t make any difference what I am referring to is he says that some dude that he had in his house said that he might need Freon the thing is, you don’t need Freon refrigerant Freon is a brand like iPhone is a cell phone. Please remember that you’ll look smarter in front of your air-conditioning person and change your filter once a month trust me.
I changed it my self at my home. I spent 40 bucks on Amazon for the part and did it in 5 min. These guys are rip offs
Shitty contractor! He should have checked and troubleshot the whole unit! The contractor was screwed him over! He just needed to make that connection.
Wouldn’t u use more refrigerant if its continuingly running ? I think the situation is wrong- it’s a bunch of circle ig paying me pay me pay me- I think the ruling was wrong! I always agree w/ her but not this time!
Colorado Springs stays hot for 2 or 3 months out of the year. Open your windows at night bring in cool breeze.
I feel like the spiked chart really should have allowed the plaintiff to win his case. Plus, the judge always says you have to give people a chance to right their wrong, so it makes sense that he wouldnt call another company when hes already invested money in the defendant to fix the issue! Unfair!
I've worked on an HVAC system and there are installations I came across that had me shake my head, WHY???. I've witnessed an install and commented to the installer; how can the unit be serviced after you're done. His reply to me was, that's not my problem.
I've worked as an hvac apprentice for a while and some people install them in the craziest ways. Other cases people have remodeled their house around the air handlers.
Sometimes is just an idiot with a license who makes everyone else's job harder.
Sounds about right
Bunch of bums out there these days
@34stzoo 💯in my experience with specific trades there's actually a lot of ppl out there like this bcuz their logic is the customer will have to call them back specifically and gain business that shady way so sometimes they do it on purpose 🤦Like for example my sister's old boyfriend is a IT guy and he admits as we were taking one day that he broke something so he would have something to fix😱Let's just say they are no longer dating👍
@@wetsocks9952 That can be avoided since as a consumer it's our responsibility to check out the source's reputation and credentials beforehand😝
Really its runny non stop and you think something wrong and you don't pop the circuit breaker?
A high Ass electric bill and the fact that he had the electricity bill to show how the bill shot is from that point on dude is horrible at his job 😩
The judge usually errs on the side of a business. This time she ruled incorrectly. The dates of the bill prove that the bill increased right after his visit, plus the defendant was pretty non responsive
He could’ve called someone else long before incurring a high electric bill…and he could’ve cut the unit off while noticing a malfunction.
Wrong! I feel that the plaintive should’ve got something back the guy didn’t fix anything he was in the same boat when he left the first time and as an AC guy wouldn’t you check the refrigerant right away? Isn’t that one of the first things they check or isn’t that an easy check?
I did not like this ruling. he brought all the right things!
The judge was wrong in this one wow
Should have just bought a new ac
The plaintiff shoulda brought expert with him.. cause the defendant lied continually. And plaintiff needed a actual expert to prove otherwise.
I had this issue, turns out my thermostat was wired wrong and wouldnt shut off properly, and secondary issue was since it wouldnt shut off~ the machine would freeze over due to the over excersion.
Another issue is the drain pipe especially in florida gets clogged with dirty moss/ critters causing a back up~
That A/C dude didn’t do his job, he is a shame on the profession
Defendant drop the ball. He slid out of that verdict. I was in favor of the plaintiff.
This case piss3d me off. The defendant got over but karma will handle it….
The issue here is : was the defendant negligent in leaving and not making sure everything was fixed .
3 different things in different places were broken: 1. Evaporator motor , 2. Insufficient Freon for n the compressor , 3. Heater strips staying on.
The plaintiff contends that he should have stayed longer and check everything to make sure everything is working. The defendant says , we fixed the main thing we found broken. Call us back if there are other issues.
To make things more complicated , the costs to fix on both cases would end up being the same. Additional parts and labor for each fix . Just the issue is the time involved while the ac is running and racking up kWh.
This one is a close call on the judgment for who should pay for those kWh. I am inclined to say the plaintiff , because if the defendant never showed up to fix anything, would he be responsible to pay the kWh for not showing up? No.
good verdict . homeowners should be responsible for their own energy bills and not get away with trying to convince a judge that somebody else should pay their utility bills . if u have a problem with your energy bill then call your utility company and work it out with them .
Sounds like to me he got a bad sequencer.
Plaintiff is a liar and I’m glad he lost. The letter says the A/C MAY NOT be cooling properly, but he reads it as “IS NOT”. Don’t trust people who do that
She lives here, and pays FPL. She KNOWS HOW they move. The AC did that.m
He had EVERY PIECE OF EVIDENCE NECESSARY and she STILL screwed him! She's such an embarrassment. How do ppl THIS STUPID become judges?
in theory, it's the correct state. In reality, some states are pro plaintiff, some are pro defendant. If you ever are a person with a beef against a company, try to sue in Mississippi....they almost always find for the plaintiff. (at least that was the way 10 yrs ago)
Now wait a minute
First the plaintiff said the AC wasn’t starting bc the condenser froze over.. then he also said that the ac was on but wasn’t cooling
Then later he said his issue was that it wouldn’t shut off??
He needs to get his story straight
if he would have called someone else she would have said that he didnt give enough time - even if he was trying to mitigate his losses... like wtf else did he have to bring. you dont have to be an expert to read and come these conclusions ffs