Tulare County settles mold suit with judge

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Tulare County settles mold suit with judge

Krant will get $40,000, settling suit filed in 2000

By Florez

Staff writer

http://www.visaliatimesdelta.com/news/stories/20031114/localnews/64191

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A Tulare County Superior Court judge who said she was exposed to a

toxic mold in her courthouse chambers dropped her lawsuit against the

county Thursday, and the county agreed to pay her $40,000.

Terms of Judge beth Krant's settlement County Counsel Kathleen

Bales-Lange and the county were negotiated weeks ago, G.

Woods, the county's lawyer, said, but were not finalized until

Thursday.

" It's a very good settlement on behalf of the county and a settlement

that reflects our confidence in the trial that was scheduled to begin

in two weeks, " he said.

Krant filed a lawsuit against the county and the county counsel after

a patch of mold, later found to be stachybotrys, a toxic form of

mold, was discovered in 1999 by county employees on a pipe above the

ceiling of her court chambers.

In her lawsuit, Krant said a " black, slimy mold " contaminated the

ceiling tiles in her chambers, leading to hair loss, dizziness,

episodic vertigo, acute pain in her abdomen, respiratory distress,

ringing in the ears, facial swelling and severe rashes.

She also said county officials purposely minimized the extent of the

contamination and " concealed " other information after tests were

conducted in Courtroom 10 in the newest wing of the courthouse.

Krant sued both the county and Bales-Lange, charging that the county

counsel was directly responsible for the seriousness of her illness

because she " concealed and suppressed material information " about the

toxicity and cancer-causing nature of the fungi. Bales-Lange, whose

office supervises the county's risk manager, denied that.

Krant dismissed her case in exchange for money and assignment of the

county's cross-complaints against some of the subcontractors who

worked on the courthouse.

That means Krant can take over being the plaintiff in those lawsuits

against those subcontractors, and the county will no longer be

involved.

Her lawyer, on, did not return phone calls from the

Times-Delta on Thursday seeking comment.

Tulare County Board of Supervisors Chairman Jim Maples said he was

pleased that the settlement resolved the need for a trial.

" We have always maintained, and took many steps to ensure the

courthouse is safe, " he said in a statement.

" The county remains committed to maintaining a safe work environment

for its employees and the public. "

The county did not reveal the presence of the mold to the public or

to employees until Krant's suit was filed in February 2000, even

though mold was discovered above her chambers months before.

The county says it has maintained the ongoing services of an

industrial hygienist who tests the county courthouse and other county

properties. And while there have been periodic discoveries of mold in

county properties, tests have found that the buildings are safe for

occupancy and use, a county report said.

Additionally, the courthouse's air quality has been tested by: an

expert hired by the court, investigators with the state Division of

Occupational Safety and Health and two independent industrial

hygienists. All tests have been consistent with the county's

assessment.

The county has one remaining mold claim to resolve. It's that of

attorney Thommen, who alleges he too fell ill from exposure to

toxic mold in the courthouse, Woods said.

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Originally published Friday, November 14, 2003