ARTICLE ID 8702
Mold contamination - Defective construction - Property owners maintain that defectively constructed of water pipes caused family exposure to mold.
Riverside County, California
The plaintiffs alleged that defective construction caused water
intrusion into the foundation of their home which resulted in the
familys being exposed to mold. The defendant denied that any
defective construction some eleven years prior was responsible
for the mold damages alleged.
The four plaintiffs lived in a single family house in Menifee,
California. The house was built by the defendant in ________ and the
plaintiffs purchased the home new from the defendant. In April
________, the plaintiffs discovered water intrusion resulting from a
failed pipe buried in the slab of their house. Other defects
were also found, including a defective chimney cap, leaking
windows and roof leaks.
The plaintiffs complained of various bodily injuries, and sued
the defendant, developer and builder of the home, for nuisance,
negligence and under theories of strict liability. The plaintiffs
claimed that defective construction by the defendant caused the
family to be exposed to mold. The plaintiff mother claimed that
exposure to mold in the residence caused her to develop Grand Mal
and Petit Mal seizures, as well as tumors in her breast, mouth,
arm and on her ovaries. She also claimed that the mold caused
endometriosis, depression, migraine headaches, Meineres Disease,
gastrointestinal disorders, rhinitis, sinusitis and other
allergic symptomology. The plaintiff father complained of
headaches, rashes, allergies and depression. The daughters
complained of headaches, allergic symptomology and stomach aches. p 7 3
The defendant argued that there was no evidence that the pipe was
defective at the time of construction 11 years prior, and that
any alleged chimney, window and roof defects did not lead to mold
growth.
As to the plaintiff mothers allegations, the defendant was able
to clearly establish through the testimony of both of her
treating physicians and expert witnesses that her alleged
symptoms were caused by her addiction to Vicodin and other
prescription drugs. Evidence was introduced that she filled
prescriptions for ________ Vicodin pills over a 13 month period of
time.
As to the damages alleged by the plaintiff father, the defendant
argued that while he complained of serious and significant
medical problems, the plaintiff sought no treatment from any
healthcare provider for his various complaints. The plaintiffs
called the daughters treating pediatrician, who testified on
cross-examination that the girls were healthy, happy, normal
children with typical childhood ailments.
On the first day of trial, the court granted a nonsuit as to the
nuisance cause of action. The court tentatively granted the
defendants Motion for Nonsuit of the entire action, but took the
matter under submission. Before the case went to the jury, the
court denied the nonsuit with the trial judge advising "lets see
if the Jury can get it right first."
In reaching a defense verdict after three weeks of trial, the
jury found that any alleged defects were not the cause of
plaintiffs injuries and damages. It also found no evidence that
the pipe was defective at the time it was installed by the
builder.
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