Case Background
A Currituck County homeowner sued an HVAC contractor after the company installed a heat pump system, she claimed was too large for her home. The Plaintiff alleged the oversized unit caused persistent moisture problems and a mold outbreak that damaged every room of the residence. After roughly 17 months of litigation, a jury unanimously found that the Defendant's conduct did not amount to negligence, and the Plaintiff recovered nothing.
Cause
Ida J. Shields owned residential property at 118 South Street in Moyock, North Carolina. On or about February 27, 2017, she entered into a contract with Mac's Heating and A/C, Inc., a North Carolina corporation based in Moyock, for the installation of a Trane 4-ton, 15-SEER split heat pump system at a contract price of $5,800.
According to the complaint, the Defendant recommended the 4-ton system. The Plaintiff alleged that before the installation, the Defendant failed to complete a load calculation as required by applicable North Carolina administrative codes and regulations. The home previously operated on a 3-ton HVAC unit, and the Plaintiff claimed the Defendant advised her that upgrading to the larger 4-ton unit would be more efficient and lower her monthly electric bills.
Mac's Heating admitted in its answer that the parties reached the agreement and that the company did not perform a load calculation. The Defendant denied, however, that the existing unit was a 3-ton system. Mac's averred that the prior unit was a 4-ton and that the company recommended replacement with the same size unit. The Defendant admitted only that it told the Plaintiff the 15-SEER unit would be more efficient than a 14-SEER unit and that she would save money over the life of the system.
Injury
The Plaintiff alleged that the Defendant installed the 4-ton Trane system — including a new outdoor air compressor and fan unit and a new interior air handler — but did not replace the existing duct work and drain lines that previously served the smaller unit. She claimed that shortly after installation, she noticed numerous problems, including drip pans full of water, and that she contacted the Defendant with complaints throughout the rest of the summer of 2017.
The complaint stated that an oversized 4-ton system installed in a home that required a 3-ton system caused the unit to "short cycle," meaning the system did not properly remove humidity the way a correctly sized unit would. As a result of the short cycling, the Plaintiff claimed she experienced moisture issues throughout the home, which led to mold in every room. Mold was found on furniture, clothing, and other items, the complaint stated.
In September 2018, the Plaintiff hired another entity to replace the system with a 3-ton unit, but that replacement also experienced problems. In the fall of 2023, the Plaintiff had a proper load calculation prepared and replaced the unit with a functioning HVAC system.
Mac's Heating denied that the home required a 3-ton system and denied that any action or inaction on its part proximately caused the claimed damages.
Damages Sought
The Plaintiff sought damages in excess of $25,000 on each claim, plus interest at eight percent per month from the date of filing and reasonable attorneys' fees as allowed under North Carolina law.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Ida J. Shields
· Counsel for Plaintiff: Lloyd C. "Clif" Smith, III
Defendant: Mac's Heating and A/C, Inc.
· Counsel for Defendant: Shawn A. Voyles
Claims
Negligence
The Plaintiff's first claim alleged that Mac's Heating, as a licensed HVAC provider and installer, owed a duty to complete the installation in a workmanlike manner. She contended the Defendant and its employees failed to provide a proper load calculation and therefore installed an improperly sized unit. The complaint stated the Defendant owed a duty to install a properly sized system and to exercise reasonable care under the circumstances. The Plaintiff alleged the Defendant breached those duties by negligently and carelessly selecting and installing the oversized unit, resulting in property damage and financial loss in excess of $25,000.
Breach of Express and Implied Warranties
The Plaintiff's second claim alleged the Defendant made implied warranties when it installed the HVAC unit, including warranties of habitability and workmanlike quality. The complaint stated those representations formed part of the basis for the Plaintiff entering the contract. The Plaintiff alleged the Defendant breached those implied warranties by installing an improperly sized unit, failing to obtain a proper load calculation, and failing to properly install the system, including all drain lines and other components.
Defense
Mac's Heating filed its answer on April 8, 2024, and raised twenty-one affirmative defenses. The Defendant had previously filed a motion to dismiss under Rule 12(b)(6) and a separate motion to dismiss under Rule 20 and Rule 12(b)(1), which it preserved without waiver in its answer.
Among the affirmative defenses, the Defendant argued the complaint failed to state facts sufficient to support a claim. Mac's also alleged the Plaintiff was contributorily negligent and failed to act as a reasonable and prudent person under the circumstances, which under North Carolina law would bar recovery entirely. The Defendant further contended that any damages were caused by the intervening and superseding acts of other entities over which it had no control. Additional defenses included failure to mitigate damages, laches, the statute of frauds, the parol evidence rule, equitable estoppel, and waiver.
Mac's Heating also asserted it had fully performed all obligations and legal duties owed to the Plaintiff and maintained it was not in breach of any agreement.
Jury Verdict
The case proceeded to a jury trial in Currituck County Superior Court. On August 21, 2025, the jury returned a unanimous verdict in favor of the Defendant, Mac's Heating and A/C, Inc. On the first issue — whether the Plaintiff was damaged by the negligence of the Defendant — the jury answered "No." Because the jury found no negligence on the part of Mac's Heating, the verdict form instructed the jury not to reach the second issue of contributory negligence or the third issue regarding the amount of property damages. Ida J. Shields recovered nothing. The verdict form was signed by foreperson John K. McGrew on the 21st day of August 2025 and filed with the Currituck County Clerk of Superior Court.
Court documents are available upon request at [email protected]
