Couple rebuts mold claim

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Tuesday, September 24, 2002

Couple rebuts mold claim

By KAREN SPILLER, Telegraph Staff

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NASHUA - A Massachusetts couple denies their home had toxic mold it in when

they sold it to a Merrimack family four years ago, according to the couple's

attorney.

" There could very well be that there was no mold when they owned the house, "

said attorney Friedman of Concord, who filed a statement of

defense Monday at Hillsborough County Superior Court in Nashua.

" They were never sick, they never had any problems. "

Her clients, and Debbie Leggett of Peabody, Mass., are being sued by

and Dawn O'Neil of Merrimack, who had the second story of their roof

replaced and moved out of their 6 Riverside Drive home in Merrimack after

discovering mold in the attic.

The lawsuit charges that the Leggetts either knew or should have known about

the mold when they sold the O'Neils the house.

The O'Neils seek unspecified damages for negligent misrepresentation.

The Leggetts deny all claims, including that the home had mold in it when

they sold it, and that they knew or should have known about any mold.

The Leggetts bought the house in 1986 and sold it to the O'Neils in 1998.

The O'Neils discovered the mold last June when they had a vent installed in

their bathroom.

In the statement filed Monday, Friedman states that some of the O'Neils'

claims are barred by the statute of limitations, and that their claims of

damages are speculative and therefore not recoverable.

Friedman said she expects her clients to prevail.

The lawsuit states that as a direct result of the Leggetts' negligence, the

O'Neils had to remove the entire second floor of the home to rebuild the

roof and to sell the house below fair market value because of the mold

problem. The O'Neils lost wages, were forced to find alternative living

arrangements and incurred costs in trying to repair the house, the suit

states.

The suit also notes that the O'Neils' youngest son, O'Neil III,

was born in the house and developed autism.

The family suffered personal injuries, including but not limited to fatigue,

headaches, sinus infections, respiratory illnesses, sore throats, rashes,

hives, coughing blood and reflux, the suit states.

The O'Neils have two other related lawsuits pending.

One is against A-1 Home Inspections of Manchester and S & S Appraisal

Associates of Nashua, which looked at their home before they bought it four

years ago. The other is against Hingham (Mass.) Mutual Fire Insurance Co.,

which says it covers fire damage but not mold.

In documents filed Friday, Friedman also states that the O'Neils should not

be able to collect from the Leggetts if they get any money from the other

two cases.

Spiller can be reached at 594-6504.