Lawsuit alleges mold not removed

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Lawsuit alleges mold not removed

A JCC couple is seeking $1.2 million, saying a business failed to

properly clean their water-damaged home.

BY PATTI ROSENBERG

223-5686

http://www.dailypress.com/news/local/williamsburg/dp-

68105sy0aug27,0,3403456.story?coll=dp-news-local-wbg

Published August 27, 2004

WILLIAMSBURG -- A family whose City County home was

contaminated by mold is suing the City County business it

hired to clean the place.

Adelindo and Carol Fedele are seeking $1.2 million from Servpro of

burg and Northern Neck Inc., a local franchise of a national

company that advertises services providing cleanup and restoration of

property damaged by fire or water. The Fedeles say the company failed

to do its job and the house is still contaminated.

No one from the local franchise responded to a call for comment on

the recently filed lawsuit that so far includes only the Fedeles'

side of the story.

Problems for the Fedeles began when a water hose leading to their

refrigerator developed a leak while they were out of town two years

ago. Water flooded their house on Rolfe Lane, off Route 5.

They heard about the problem soon after it happened and had a

neighbor turn off the water. But mold had grown all over the kitchen

by the time they got home.

According to tests the Fedeles paid for, their house was contaminated

with 10 kinds of toxigenic mold. They were told that staying in the

house might make them sick.

Mold has only recently been linked to serious health problems and

represents a growing problem for homeowners and insurance companies.

One mold case in Texas resulted in a $32 million award against State

Farm Insurance. Although the judgment was reduced to $4 million, the

company stopped insuring most new homes in Texas.

The Fedeles hired the Servpro franchise in September 2002, according

to the lawsuit filed this week in burg- City County

Circuit Court.

The couple told the Daily Press last year that they had testing done

in November 2002 after the franchise had finished working and found

that most of their house was still contaminated. The owner of the

franchise disputed the results of that second round of tests.

The Fedeles' lawsuit says the Servpro franchise failed to properly

supervise its employees, perform the work for which it was hired or

fulfill its warranty. As a result, the Fedeles still have not been

able to return home, the lawsuit says.

It says the family's damages also include loss of the contents of the

house and the costs of living somewhere else and having to board

their pets.