Lawyers appeal judge's decision in mold lawsuit

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http://www.fayettevillenc.com/story.php?Template=region & Story=5240665

Published on: 2002-10-26

Lawyers appeal judge's decision in mold lawsuit

By Venita

Staff writer

LUMBERTON - Lawyers have appealed a judge's decision to dismiss a mold

lawsuit against the Robeson County school board and Superintendent Barry

Harding.

A Superior Court judge dismissed the lawsuit in September because the school

board and Harding have immunity under state law that prevents government

agencies from being sued while performing their duties.

Dean and Frizzell filed the suit in October 2001 on behalf of their

8-year-old son, Kenan. They allege that mold grew at Prospect Elementary

School because contractors and school officials were negligent. Kenan

developed health problems.

School lawyer Grady Hunt declined to comment on the appeal to the N.C. Court

of Appeals. Vesel, the Frizzells' lawyer, could not be reached for

comment.

The Frizzells also have six lawsuits pending against the architect and

contractors who worked on the project.

Staff writer Venita can be reached at jenkinsv@... or

(910) 738-7630.