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LEGALITIES
Doe Homeowners v. Roe Seller New owners of a house in California sued the sellers in 1997, alleging that toxic mold caused bodily injuries and property damage. The case was settled for $1,353,000.
Samaris S. Davis, et al. v. Henry Phipps Plaza South, et al. No. 116331/98, N.Y. Sup. N.Y. Co. In May 1999, about 495 plaintiffs sought approximately $8 billion for personal injury and property damage due to mold and fungi contamination in two apartment buildings in Manhattan. The defendants were the owners of the building.
Centex-Rooney Construction Co., Inc. v. Martin County, Florida In an earlier lawsuit, Martin County sued its construction manager for dampness that promoted mold growth and excessive humidity in a courthouse. Fifteen employees in the building alleged injuries caused by exposure to the mold. The source of the water problem was the exterior insulation finish system (EIFS). On an appeal, the appeals court affirmed the $14 million verdict against the construction manager. Martin County also secured out-of-court settlements worth $3 million from other defendants.
Dean H.M. Chenensky, v. Glenwood Management Corp., et al. No. 120461/00, N.Y. Sup., N.Y. Co. The plaintiffs seek approximately $180 million for injuries and personal property damage caused by their exposure to mold while living in the apartment owned by Glenwood Management Corp. and operated by East 77th Realty LLC. The plaintiff maintains that the defendants knew of the mold but failed to remediate it and did not notify the tenant of the condition.
Even EcoQuest has experienced the harsh reality. Mike Jackson just recently confirmed for me the accuracy of this: "The potential for litigation in the mold industry is great. In the past, EcoQuest spent over $100,000 to defend a single law suit against an EcoQuest dealer who claimed our units could 'remediate' mold. 'Remediation' is defined as 'removal of the construction materials or substrates'. There are certain words you can and can't use and 'remediation' is one you should NEVER use in reference to what our units can do.“ Doug Hoffman, NORMI CEO
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