Judge to decide if mold lawsuit has merit

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Judge to decide if mold lawsuit has merit

reported by Ritter

LEE COUNTY, July 18, 2003 — School district lawyers headed to court Friday in an attempt to derail a lawsuit filed by a group of teachers. The teachers claim toxic mold in the classrooms made them sick. They want an unspecified amount of money and the classrooms cleaned up. The school district is trying to prove the case has no merit.

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The teachers are accusing the district of knowing about the mold and not cleaning it up properly.

They say the mold has given them long-term illnesses.

"She has the lung capacity of a 10-year-old if that answers your question," teachers’ attorney Geraghty said during Friday’s proceeding.

But the school board's attorney is poking holes in the teachers' claims. Attorney also says the accusations don't belong in circuit court.

"If they have a health issue, they should take it up with the state Department of Health. Go investigate that school," said.

"Apparently they're trying to point the finger at someone else. Now it's the health department," Geraghty said.

Friday the judge called the teachers' complaint "way too general" and said that a shotgun approach would not work.

The lawsuit alleges mold problems in six out of the district's 68 schools, but some of the teachers’ arguments are based on other schools and air-quality issues not listed.

The teachers' team of lawyers insist their points are clear, and that it's the school board's fault for not clearing the air.

"Cleanup their buildings, provide proper maintenance, and to warn," Geraghty said of the district’s responsibilities.

"The exclusive remedy for any worker injured on the job is a workers' comp, not this court," told the court.

Earlier in the week, the school board planned to charge their opponents more than $8 million for copies of emails between school employees. Both sides have now settled on a much lower price.

The judge will decide in 10 days if the case will move forward.