LAS VEGAS (KLAS) — An 82-year-old Henderson woman apparently died while waiting for repairs to her air conditioning unit, and now the family has filed a wrongful death lawsuit.
Court documents indicate Virginia DeSapio was found in her home dead after multiple days without air conditioning. Temperatures inside her home reached 120 degrees.
Gregg Kelley remembers Virginia as a loving aunt and a great neighbor who was always timely and neat with her home.
“She made this incredible ice tea, the best ice tea I have ever had in my life,” Kelley said.
But on a hot summer day last August, DeSapio and her dog were found dead.
“A neighbor who walked around a side door back of the house found her along with her beloved dog Jesse,” Kelley told 8 News Now.
DeSapio’s death certificate said she died as a result of environmental heat stress caused by prolonged exposure to elevated ambient temperatures inside her home. It also indicated she had lung cancer.
“To see the word … cause of death ‘accidental’ … it was unnecessary,” Kelley said.
DeSapio’s air conditioning went out on Aug. 11, 2022, and documents show she filed a claim that day with her home warranty company — Fidelity National Home Warranty.
Under Nevada law, the company is required to fix it within 24 hours. And if in three days they can’t, then they have to let the person know the status.
“They failed at every level for her,” family attorney Christian Morris said.
“Every time they set up an appointment for her, they canceled it. They canceled it after they were supposed to be there for an appointment. Then they put her claim on hold after they accepted it. Then they finally told her we are researching a pricing issue. But never told her we won’t be able to fix your air conditioner,” Morris said.
On Aug. 24, two days after she was found dead, the company said that the estimated completion for the repair would be on Aug. 31.
Fidelity National delayed it again on Aug. 31, and again on Sept. 1.
the repair to the AC unit was finally completed on Sept. 5, about two weeks after DeSapio died.
“They took her premium payment and failed to come up to their end of the bargain when it was the time,” Morris said.
“We want to find out exactly what happened,” Kelley said.
8 News Now has reached out to the company and has not heard anything back.