Mold Case Settlement in California

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Calif. Family Settles Claims Against Apartment Owners For $392,500

SANTA ANA, Calif. - Four members of a California family and their landlords

have agreed to settle personal injury claims stemming from exposure to mold

at their Fullerton, Calif., apartment. v. Palm Garden Apartments

Limited Partnership, et al. No. Unavailable (Calif. Super., Orange Cty.)

Joanne sued The Palm Garden Apartments Limited Partnership and

property manager Apartment Management Consultants LLC on behalf of herself, her

two

children, and , and her niece, Hayley .

complained that soon after she moved to Palm Garden Apartments in

October 2000 her apartment began to experience water intrusion and mold

contamination. She also complained of dust mites and musty smells, and blamed

enviromental contamination for the family's respiratory health problems.

eventually moved her family from the unit.

The lawsuit was settled at a mediation before Judge Bostrom on the

eve of trial before Orange County Superior Court Judge H. Gallivan. The

settlement was announced on Sept.22 after approval by the Probate Court.

's attorney, Court B. Purdy, said a significant portion of the settlement

went to purchase annuities for the minor plaintiffs.

Palm Garden Appartments has agreed to pay $375,000 and Apartment Management

Consultants will contribute $17,500.

Experts expected to testify for and her family were Dr. Chiu of

Newport Beach, Calif., a board-certified allergist and immunologist;

certified industrial hygienist Puccotti, Ph.D. of Corona Del Mar, Calif.

abd

ph DeCarlo of Costa Mesa, Calif., an expert in property management.

Allergist and immunologist Sherwin Gillman, M.D., of Orange Calif., was to

testify for Palm Garden Apartments.

also planned to rely on evidence of mold growth and water damage from

inspection reports by Fullerton health officials.

" We are quite happy with the settlement as compensates our clients for the

ordeal they had to go through and guarantees the children and Joanne will have

the ability to pay for future medical care, " Purdy said.

's counsel included Court B. Purdy and M. Paoli of Wentworth,

Paoli & Purdy in Newport Beach, Calif.

McKenna of Harrington, Fox, Dubrow & Canter in Orange, Calif.,

represented Palm Gardens Apartments. Milam of Milam & Larsen in

Pasadena,

Calif. represented Apartment Management Consultants.