Family gets $2M in toxic mold verdict

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October 25, 2006

Family gets $2M in toxic mold verdict

By Goodman

jgoodman@...

Clarion Ledger - ,MS

FAST FACT

The verdict, for $2.24 million, was returned Thursday in Hinds

County Circuit Court.

http://www.clarionledger.com/apps/pbcs.dll/article?

AID=/20061025/NEWS/610250360/1001/news

The defense has 30 days to appeal.

A Ridgeland family whose home was destroyed by toxic mold has been

awarded more than $2 million by a Hinds County jury to cover medical

expenses and the cost of rebuilding, the family's attorney said.

The home, near the Ross Barnett Reservoir in the Overlook Pointe

subdivision, was attacked by several different kinds of mold,

including stachybotrus, aspergillium and penicillium.

The family - primarily the mother and one of the couple's three

sons - suffered from bloody noses, chronic fatigue, chronic diarrhea

and migraines.

" It was a huge lesson on the problems with toxic mold, " said Mitch

Tyner of , one of the family's attorneys. " I had no idea how

dangerous toxic mold in a home could be. "

The couple, and Donna Mathews, did not return a request for

comment .

The family sued their builder, A. on, who built five

homes on five lots in the subdivision. They also sued her companies,

Classic Design Homes Inc., Supreme Design Homes Inc. and Service Air

Heating and Air Conditioning Inc.

Nobles of , one of on's attorneys, would not

comment on the case.

Another attorney, Abdo of , did not return calls.

An Oct. 4 motion to dismiss from the defendants - alleging discovery

violations by the plaintiffs - said the defense was not given full

access to the plaintiffs' medical records.

The motion said the wife, Donna Mathews, went to see land doctor

Ritchie Shoemaker " reporting symptoms which he attributes to mold

exposure. "

" Shoemaker also claims in his report that he cured Donna Mathews of

these symptoms in only 30 days by giving her a pill that lowers

cholesterol. In fact, Shoemaker points to this 'cure' as proof that

his diagnosis must have been correct.

" Yet, the very week before the last trial of this case in March of

2006, Donna Mathews was seeing a local physician claiming the same

symptoms, " the motion said.

The motion then says that local doctor's records state Donna

Mathews " denied " any prior medical problems and made no reference to

mold. " Clearly, Donna Mathews suffered from those symptoms for

reasons having nothing to do with mold. Clearly, Shoemaker did

not 'cure' Donna Mathews with his cholesterol-lowering pill. "

The Mathews family lived in the home from March 1996 until October

2003, until " construction defects and mold infestation required them

to vacate the premises, " their complaint said.

The family did not know the cause of their problems until 2003.

Donna Mathews, a registered nurse, didn't initially know why she was

so tired, sleeping sometimes for the whole weekend, Tyner said.

After on made repairs to the home, the family began to notice

cracks, doors that would not open properly and other structural

problems, the complaint said. They learned that defects in the

construction of the home were the culprit.

Those defects, mostly in the design and construction of the

foundation, led to moisture penetration in the home that allowed

mold to grow.

The family, whose boys are now 15, 18 and 21, has been treated and

does not appear to be suffering any long-term damage, but they are

more sensitive to mold, Tyner said.

The family now lives in another home in Ridgeland.

The developer of the subdivision also was sued for failing to

disclose an abandoned sewer when selling the lot to the builder,

Tyner said. But the jury found in favor of the developer, Overlook

Pointe Partnership.