Apartment owners seek dismissal for failure to prosecute mold class action

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Apartment owners seek dismissal for failure to prosecute mold class

action

Thursday, January 05, 2006

ville,IL

http://www.stclairrecord.com/news/newsview.asp?c=172576

By Steve - ville Bureau

Owners of The Bissel Apartments in Venice are asking Madison County

Circuit Judge Andy Matoesian to dismiss a mold and fungus class

action case filed against them last year, for failure to prosecute.

The April 2005 lawsuit alleged that the apartments had mold and

fungal growth--penicillium and cladosporiumo--on surfaces and

structures of the building that make up the complex located at 1400

Klein Ave. The class plaintiffs, former tenant Kesha Manning and

plumber Claude , are represented by Alton attorney Lanny Darr

According to the complaint, the defendant--BA 2003 Limited

Partnership and Independent Management Services--breached a duty

under Illinois law to exercise ordinary care in the maintenance of

the Bissel complex.

The plaintiffs, who claim they have suffered damages in an unknown

amount, are asking the court to certify the claim as a class action,

enter a judgment for compensatory damages to be determined, and

award reasonable attorney fees and court costs as permitted by law.

claims that the apartment's management failed to protect non-

residents from known risks to safety, health and property.

The complaint does not specify if any class members have incurred

health problems.

In accordance with the new Class Action Fairness Act the plaintiffs

stipulate that no class member is seeking damages in excess of

$75,000 and the total amount of relief does not exceed $5 million,

and all parties reside in Illinois.

The Bissel Apartments house at least 25 individuals, the complaint

states.

The hearing was originally set for Dec. 20, but Matoesian moved the

hearing to Jan. 13, when attorneys for both sides were unavailable.

Troy Bozarth of ville and Matt er of St. Louis represent

the apartment complex.

On June 29, 2005, the apartment owners also filed a motion to

dismiss the complaint. However, they have not had the opportunity to

argue the motion before Matoesian.