Cy-Fair restaurateur blames nail salon stench for failed business

A tenant is suing her Spring Valley landlords over claims they failed to act after she complained that chemical fumes, vapors and odors emanating from a nail salon were ruining her business in Cy-Fair.

Marianna Kopko filed a lawsuit on May 26 in Harris County District Court against Spring Valley companies Richland Financial Services of Texas and P. Westbridge II, citing breach of lease agreement, breach of warranty, breach of promise of quiet enjoyment, conversion, fraud by nondisclosure, statutory fraud and violations of the Deceptive Trade Practices Act.

Kopko says that in May 2009, she leased commercial space next to Expon Nails and Tan, located in Suite 133 at 9211 West Road in Cy-Fair, from the defendants to open a Pho Kim Noodle House restaurant. According to the brief, Richland Financial Services of Texas and P. Westbridge II failed to install proper ventilation in the property, which caused Kopko and her employees to suffer headaches and other health problems due to the chemical fumes, vapors and odors continually wafting from Expon Nails and Tan.

Kopko alleges that after these noxious fumes ruined her business by driving away customers, the defendants locked her out of the premises and refused to return her personal property.  

Kopko is seeking actual and exemplary damages, attorney’s fees and court costs. She is being represented in the case by Houston attorney Wanchan Ohyan.

Harris County District Court Case No. 2011-32024.

This is a report on a civil lawsuit filed at the Harris County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.