A Texas family is suing a fiberglass installer, claiming their pool had workmanship problems, including one that resulted in brief entrapment incidents involving their children.
Named in the suit are Aquamarine Pools of Houston, located in The
Woodlands, Texas, and Aquamarine Pools of Texas, located in
Jarrell. Both companies are owned by Mark Naras.
Charges include deceptive trade practices, fraud, breach of
contract, breach of warranty, negligence, gross negligence and
The family is seeking $3 million in punitive and exemplary damages.
That amount “would be appropriate to confirm society’s
unwillingness to tolerate the kind of conduct the defendants are
guilty of and to serve as an example to others,” the
plaintiffs stated in their court-filed complaint. In addition, the
family seeks up to $1 million in actual damages, plus
Michael and Debra Modisette claim that their $37,678 pool,
contracted in 2009, was left with several defects and shortages of
certain materials. The homeowners cited leaky equipment and
peastone backfill they claim was less than the amount they had
purchased. While the homeowners paid for 40 tons, they said, the
installer only delivered 24.6 tons.
Also named in the lawsuit among the defects was “an unvented
skimmer that created a dangerous vacuum type suction without
necessary and proper safeguards ...”
The plaintiffs said the builder did not install “proper
venting for skimmers in the hot tub portion of the pool and failed
to provide any form of relief valve.” The document did not go
into further detail as to specifically what was meant by venting
the skimmers or a relief valve, and the plaintiffs’ attorneys
declined to comment.
Because of this alleged omission, the homeowners stated that their
children were hurt. “The power of the un-vented skimmer
created a vacuum type suction that violently forced [the children]
into the skimmer, causing serious physical injuries as well as
extreme pain, suffering and mental anguish,” the court
document stated. Included with the complaint was a photograph of a
large rectangular-shaped welt or bruise, apparently on a
The homeowners claim they tried to work with Aquamarine Pools, but
said the installer failed to fix the problems and, in fact, charged
for the repairs and blamed the plaintiffs. Because of this, they
said, they were forced to hire another company to make the needed
The builders’ attorney said that his clients are currently
working to find an out-of-court resolution. Lawrence Tackett of the
Law Offices of Lawrence D. Tackett in The Woodlands, said the
contract contained a provision requiring disputes to be resolved
through arbitration. “In all probability, we will have that
case dismissed or at least abated based on that [provision],”
In addition, he said his clients did not cause injury. “My
client assures that [the plaintiffs] didn’t get injured
based on anything [the contractor] did,” he said.