Mold Exposure Joins Leading Personal Injury Claims with $925,000 Award

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June 02, 2005 08:11 AM US Eastern Timezone

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Mold Exposure Joins Leading Personal Injury Claims with $925,000

Award

SOUTHFIELD, Mich.--(BUSINESS WIRE)--June 2, 2005--Mold exposure has

jumped to the forefront of significant personal injury claims with a

recent $925,000 award in Wayne County Circuit Court to an apartment

resident. The verdict, the highest ever in Michigan for personal

injury damages resulting from mold exposure, could ultimately force

a new standard of liability on property owners and landlords.

The apartment resident, Esmeralda Mahaffy, developed permanent,

severe asthma from exposure to high levels of toxic mold after her

apartment was negligently repaired following a flood from a toilet

in the apartment above her unit in 2001. The incident occurred after

years of ignored complaints of water leakage and persistent mold on

the walls and ceilings. The verdict followed a seven-day jury trial

in April before Wayne County Circuit Court Judge H. Gillis Jr.

" This is the largest single personal injury Michigan verdict since

mold claims began being pursued in Michigan in 1999, a significant

legal development because many defendants and their lawyers do not

take injuries from mold seriously, " said Grieco of Sommers

Schwartz, Mahaffy's attorney. " The jury, however, took the injury

seriously, despite the defendant's arguments that mold is the same

as mildew and found 'everywhere', and appreciated the effect the

severe asthma condition Ms. Mahaffy developed would have on her

life. "

The jury found that the apartment management of Maple Creek

apartments in Woodhaven, Mich., failed to follow industry guidelines

in cleaning up the damp, moldy conditions. As a result, Mahaffy was

hospitalized three times for severe asthma attacks, one of which

nearly killed her when she stopped breathing. She remains on

medication and has dramatically altered her lifestyle to guard

against future asthma attacks.

The case may set a liability precedent for property managers and

landlords that negligently maintain their commercial residential

properties and fail to follow established industry guidelines for

the clean up of water intrusion and mold damage.

" The verdict supports the validity of mold litigation actions,

certainly as seen through the eyes of increasingly conservative

jurors, " Grieco said.

The jury, speaking through its verdict, told the manager of the

apartment complex that it should have done more than send in a handy-

man to rip out drywall when faced with signs of visible mold. The

published guidelines are easily available on the Internet but this

apartment manager never bothered to investigate the appropriate

protocol, neglecting his duties to the paying tenant to provide a

safe and habitable living space.

Grieco is an expert in the accelerating field of mold litigation and

has handled numerous cases that resulted in large settlements and

jury verdicts for homeowners against builders, home inspectors,

condominium and apartment management companies and insurance

companies. Her practice includes construction defects, toxic torts,

product liability, personal injury and medical malpractice. Grieco

was named one of " Michigan's Emerging Young Lawyers " in 2004 by

Michigan Lawyers Weekly.

Southfield-based Sommers Schwartz is one of Michigan's largest law

firms.

Editors: A copy of the complaint and case evaluation summary is

available, as well as a photo of Grieco.

Contacts

The Quell Group

Marsha Stopa, 248-649-8900

mstopa@...