Judge dismisses Robeson County mold case

October 4, 2002

09-20-2002

Judge dismisses Robeson mold case

By Venita

Staff writer

LUMBERTON - A Superior Court judge has dismissed a mold lawsuit against the

Robeson County school board and Superintendent Barry Harding.

The school board and Harding have immunity under a state law that prevents

government agencies from being sued while performing their duties, according

to an order issued by Judge Locklear. Locklear faxed his decision to

lawyers Wednesday afternoon.

Dean and Frizzell filed the lawsuit in October on behalf of their

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

Elementary School because contractors and school officials were negligent.

Leaks in the roof of the primary wing and in a new addition caused the mold

to develop. It was discovered in April 2001. The lawsuit says Kenan

developed medical problems because he was exposed to mold.

Lawyers for the school system appeared Tuesday in Robeson County Superior

Court to ask that the case be dismissed based on the immunity provision in

the law.

Vesel, the Frizzells' lawyer, said Tuesday that because the school

system entered into contracts for the work at the school, it should not have

immunity. A breach in the contracts caused the mold to develop, he said. The

contracts included provisions that called for the school board to obtain

liability insurance and for the school system to assume liability for any

injuries and exposure to hazardous material.

The school system did not buy additional liability insurance. If a school

board does not have commercial insurance to pay a claim, the system can

retain its immunity. The school system is part of the North Carolina School

Boards Trust, a risk management pool that allows local school boards to set

aside money to pay claims if they are sued.

" It is unfortunate that the court decided to disregard law abolishing

sovereign immunity in contract cases as decided by the North Carolina

Supreme Court since 1976,'' Vesel said. " The Frizzells are considering

appealing the court's decision to the North Carolina Court of Appeals.''

School board's lawyer Grady Hunt could not be reached for comment.

The Frizzells have lawsuits pending against the architect and contractors

who worked on the project.

Staff writer Venita can be reached at (910) 738-7630 or

jenkinsv@...

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