Award bumped to more than $1 million in case of toxic mold in rental property

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Award bumped to more than $1 million in case of toxic mold in rental

property

http://www.signonsandiego.com/news/metro/20060406-9999-2m6mold.html

By Dana Littlefield

UNION-TRIBUNE STAFF WRITER

April 6, 2006

Two families who rented a La Mesa duplex and later sued the landlord

saying they were exposed to toxic mold are entitled to more than $1

million in damages, a judge has determined.

The families contended that improper drainage on the property on

Cypress Drive caused mold to grow inside the external walls, causing

members of both families, including their children, to become sick.

Last month, a San Diego Superior Court jury found that the

property's landlord, , was negligent and owed the

families more than $874,300 to cover past and future medical bills,

property damage and pain and suffering.

In a judgment issued Tuesday, Judge Denton increased that

amount to more than $1,026,500 to cover attorneys fees and other

legal costs.

Jeff LaFave, the lawyer for the families, explained in a telephone

interview yesterday that the duplex was situated on a " negative

slope, " meaning that water would typically drain toward the house

rather than away from it.

LaFave said experts testified during a trial lasting four and a half

weeks that there was evidence of long-term moisture damage under the

duplex, such as salt deposits, rust and mud. Mold accumulated in the

exterior walls but not in the dividing walls inside the house,

suggesting that the problem was caused by poor drainage rather than

poor housekeeping, the attorney said.

LaFave said the families could see the mold inside the house and

were bothered by a " musty smell. " All seven people who lived in the

duplex, three adults and four children, suffered respiratory

problems they attribute to the mold, LaFave said.

Steve and Deleon, and their two young daughters had lived in

the duplex since 2002. Friel and her two daughters moved

in during the summer of 2004.

Both families moved out in January 2005.

Konoske, the lawyer for the landlord, said in a telephone

interview that his client would not appeal the case because it had

been settled, but did not elaborate.

LaFave said both sides agreed to the amount determined by the judge

and the defendant agreed not to appeal.

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Dana Littlefield: (619) 542-4590; dana.littlefield@...