Good morning!
According to this article at FindLaw, toxic mold litigation cases have
only recently (in the '90s) begun to gain momentum:
"Toxic Mold - Lawsuits Mushroom" - Harrison H. Yoss (August 16, 2001)
[ http://library.lp.findlaw.com/scripts/getfile.pl?FILE=firms/tc/tc000034
]
Since then, there have been several cases involving toxic mold
litigation that have resulted in jury awards to apartment tenants and
homeowners. No one comprehensive list is available, but a little
digging yielded these results:
The current page at MoldUpdate.com
[ http://www.moldupdate.com/litigation.html ] lists the following
cases resulting in jury awards:
"Thomas Anderson v. Allstate Insurance Company
On October 3, 2000, a California jury ordered Allstate Insurance to
pay a policyholder $18.5 million in a coverage dispute over mold in
the plaintiff’s home in Placerville, California. The award included
$500,000 in damages and $18 million in punitive damages. The trial
judge reduced the award to $3 million. The case is being appealed."
"Melinda Ballard v. Farmers Insurance Group
State court in Austin, Texas awarded Melinda Ballard and her family
$32.1 million in June 2001. The $32.1 million award represents $6.2
million for replacement of the home and contents, $5 million for
mental anguish, $12 million in punitive damages, and $8.9 million for
legal fees. It has been reported that Ms. Ballard intends to pursue
further legal action against Farmers for health-related claims."
"Elizabeth Stroot v. New Haverford Partnership, et al.
Elizabeth Stroot and three other plaintiffs were awarded damages for
medical expenses, permanent impairment, and pain and suffering
associated to exposure to various mycotoxins, bacteria, fungi, and
other toxins while living in an apartment complex owned by New
Haverford Partnership. In May 1999, a jury awarded $1 million in
damages to Stroot and $40,000 to Joletta Watson. In addition, the jury
awarded damages for expenditures made for substitute housing: $5,000
to Stroot, $1,500 to Angela McCarthy, and $3,700 to Lois Schlindler."
It also lists current litigation, and the following cases which were
settled out of court for substantial sums:
Berry v. Mission Terrace Homeowners Association
Doe Homeowners v. Roe Seller
Komiyama v. City of Rialto
Club at Wood Ranch v. Roberts Group
O’Hara v. Stangland et al.
The Law Offices of Charles S. LiMandri
[ http://www.limandri.com/FSL5CS/publishedarticles/publishedarticles13.asp
]
list this case (Not specifically a jury award, but a case in which the
court ordered an Insurance company to pay):
"Bowers v. Farmers Insurance Exchange (2000) 99 Wash.App. 41, a
homeowner brought a claim for mold damage to a rental house when the
homeowner's tenants converted the premises into a marijuana growing
operation. The insurer denied the claim based on the mold exclusion.
The insured contended that the damage was covered under the coverage
for vandalism or malicious mischief, which was provided by the policy.
The court agreed with the insured and held that the tenant's
vandalism was the efficient proximate cause of the loss and,
therefore, the mold damage was covered."
The article "Calif. Mold Cases Closely Watched in Wake of Large
Plaintiff Awards"
[http://www.insurancejrnl.com/html/ijweb/publications/IJWest/w122401/califmold.htm
] discusses this case:
"[...]a Sacramento, Calif., jury awarded Darren and Marcie Mazza and
their eight-year-old son, Bryce, $2.7 million. In December 2000, the
Mazzas filed a lawsuit against the owners and managers of the
apartment complex where the family rented a unit from August 1997
until June 2000"
Google returned 313 results on the terms [ "toxic mold" litigation
awards ]. Of the pages dealing specifically with court cases most,
refer to pending litigation, cases settled out of court, and the cases
listed above.
I hope you find this information helpful!
Best regards,
missy-ga |
