Defendants win Mold-related wrongful death case

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Date: 25 February 2004

Jury Finds for Defendants in Mold-Related Wrongful Death Case

SAN BERNARDINO, Calif. — Jurors in California have returned a defense

verdict in what is believed to be the first mold-related wrongful

death case to go to trial in the United States,

Publishing is reporting. Dayton, et al. v. Highlands Mobile Home

Estates, No. SCVSS655567 (Calif. Super. Ct., San Bernardino Cty.).

In a statement issued this morning, counsel for defendants in the

case said a San Bernardino Superior Court jury deliberated three

hours before returning a unanimous verdict yesterday for a company

that sold a mobile home to one of the plaintiffs who died, allegedly

as a result of a fungal infection in her lungs caused by exposure to

high levels of mold in the home.

The unanimous award was for plaintiffs' claims for negligence, fraud,

negligent infliction of emotional distress and wrongful death, the

statement said. Jurors found for plaintiffs on a breach of contract

claim, but awarded no damages, the statement said. The plaintiffs

asked the jury to award damages in excess of $7.5 million on all

claims.

According to counsel, the defendants were able to demonstrate that

any alleged exposure to mold did not cause the physical ailments

alleged by the plaintiffs and did not cause the death of the lead

plaintiff. The defendants also showed that the plaintiffs' immune

systems were not suppressed as a result of living in the mobile home

and that an infant, who lived in the mobile home and was a plaintiff

in the suit, will not require lifelong medical care as a result of

his mold exposure.

Grambling and Steve Pratt of Klinedinst Attorneys At Law in San

Diego represented the defendants.