Jury Awards 2 Families $874,000 for Mold

[Guest guest]

Jury Awards 2 Families $874,000 for Mold

FYI:

COURTROOM NEWS

Document is available

Call (800) 496-4319 or

Search www.harrismartin.com

Verdicts Ref# MOL-0603-17

Date: 23 March 2006

Jury Awards 2 Families $874,000 for Mold Exposure in Rental

Units

Related Document: Verdict - MOL-0603-17 (PDF format)

SAN DIEGO — A San Diego Superior Court jury on March 16

awarded members of two families $874,318.86 in damages for

injuries they say were caused by their landlords’

negligence in allowing mold to grow in the unit. DeLeon, et

al. v. , et al., No. GIC843565 (Calif. Super. Ct.,

San Diego Cty.).

Plaintiffs were DeLeon, DeLeon, Jordan DeLeon

and Lexi DeLeon and Friel, Friel and

nn Friel. The DeLeons and Friels lived in adjacent

duplex units rented from defendants and the

and Jerelyn Trust.

The DeLeons had been tenants for a period of years, while

the Friels lived in their unit for a matter of months.

The DeLeons and Friels complained that the

defendants failed to maintain the building and allowed

moisture to build up under the units, which led to the

growth of mold spores and microbial volatile organic

compounds in the two homes.

The mold irritants caused coughing in some plaintiffs,

which led to gastro-esophageal reflux disease (GERD) in two

plaintiffs, and exacerbated asthma in the Friel family

members, according to a trial report.

The DeLeons and Friels sought damages for the s’

alleged negligence, nuisance, and breach of the implied

warranty of habitability.

Trial was held before Judge Denton and lasted for

more than three weeks.

Experts testifying for plaintiffs included architect Stefen

E. Gustafson of Nautilus General Contractors Inc., who

testified on moisture intrusion and maintenance issues;

Connie , laboratory director at Environmental

Testing & Technology Inc. Carlsbad, Calif., an expert in

microbiology/mycology; Tim DeLise, a San Diego general

contractor; and allergist and immunologist Simon,

M.D., of Scripps Clinic in La Jolla, Calif.

The s argued that they received inadequate notice of

the defects alleged by plaintiffs, and that the exposures

did not cause the injuries complained of.

Defense experts included Dr. Wasserman, an

allergist and immunologist of UCSD School of Medicine in La

Jolla, Calif.; and Larry Lindeen of Air and Building

Sciences in San Diego, who testified on mold testing.

The 12-member jury was unanimous in finding that defendants

and the Trust were negligent and that

their negligence was a substantial factor in causing harm

to the four members of the DeLeon family and the three

members of the Friel family.

The jury awarded the following damages to the DeLeons:

$18,855.56 in economic damages and $400,000 in non-economic

damages to DeLeon; $120,888.73 in economic damages

and $100,000 in non-economic damages to DeLeon;

$2,200 in economic damages and $20,000 in non-economic

damages; and $3,800 in economic damages and $20,000 in non-

economic damages to Jordan DeLeon.

Jurors awarded the following damages to the Friels:

$5,114.31 in economic damages and $8,000 in non-economic

damages to Friel; $2,689.57 in economic damages

and $5,000 in non-economic damages to Friel; and

$1,770 in economic damages and $4,000 in non-economic

damages to nn Friel.

Plaintiffs are expected to bring a motion for costs and

attorney fees.

It is unknown how much if any insurance coverage is

available for an eventual judgment, although one source

said there is a $1 million State Farm policy covering the

property.

F. LaFave of LaFave & Rice in San Diego is counsel

for the DeLeons and Friels.

P. Konoske of Shifflet, Kane & Konoske in San Diego

represents the s.

Document is available

Call (800) 496-4319 or

Search www.harrismartin.com

Verdicts Ref# MOL-0603-17