| Mold News Stories | ||
| Illinois Local Stories | ||
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St. Charles Illinois School shuts down: |
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Moldy
Schools
S T. C H A R L E S,
Ill., April 18 — On any given school day in this northern Illinois
town, you can find students hanging out at the mall. But they're not
skipping school.
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| Door County landlords cleared in lawsuit over mold infestation | ||
| Jury
finds apartment residents negligent with own property.
By
Paul Brinkmann STURGEON
BAY — Two Door County landlords virtually walked away from a civil
lawsuit Thursday that sought to pin blame on them for a 2001 mold
infestation at their Baileys Harbor apartment complex.
Landlords Robert Doneff and Richard Langdon were not only
exonerated — the 12-person jury also found that the apartment
residents who filed the suit were negligent with respect to their own
personal property.
“This verdict was a total nullification of the plaintiffs
claims,” said defense attorney David Weber of Sturgeon Bay. “The
plaintiffs’ own expert testified that only two or three people out of
100 are allergic to mold, and yet 90 percent of this buildings’
occupants claimed illness from it.”
The case pitted Weber against attorney Michael Duffy of Chicago,
who became well-known after winning a big judgment in a similar case in
Texas. Since then more research has been done on mold that shows only
some of the populace is affected, Weber said.
The only award made in the case was ordering the landlords to
return a $610 rental deposit to plaintiff Aaron Bacigalupo.
“I’m extremely disappointed and we’re all shocked,”
plaintiff Kathy Ferrell said. “This apparently means a builder can
screw up, do anything they want, and then not get punished.”
The jurors all declined to comment as they left the courthouse.
Foreperson Paula Bur did not return a phone message left at her home
seeking comment. Attempts to reach Doneff and Langdon were unsuccessful.
Experts in the case testified they found samples of Penicillium
and Stachybotrys in mold samples from the apartment. The plaintiffs
alleged they experienced severe allergy-like symptoms and that the
landlords waited a month after the first complaints to do anything. All
but three of them sought $15,000 to $25,000 in pain and suffering
damages, as well as reimbursements for lost furniture.
Doneff and Langdon argued they had installed new ventilation in
the attic as soon as they realized the problem. Most of the tenants
moved out of the building during that period.
Ferrell said she believes the tenants made an impact simply
because they drew attention to possible problems caused by mold in
Wisconsin.
The jury also found that three other defendants who had been
dismissed from the case were not negligent — architecture company
Maloney & Associates LLC, Eames Farm Construction Inc. of Egg Harbor
and Indiana Insurance Co.
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