Mold suit against school growing bigger

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Mold suit against school growing bigger

Class-action status may let up to 500 join

http://www.nola.com/news/t-p/frontpage/index.ssf?/base/news-

4/1124261786276050.xml

Wednesday, August 17, 2005

Times Picayune - New Orleans,LA

By Barbier

St. Bernard/Plaquemines bureau

A state district judge has granted class-action status to a lawsuit

filed by three parents of students who attended the now-closed

Chalmette Christian Academy. The parents claimed the children were

made ill, one seriously, by mold at the school.

In a ruling issued last week, 34th Judicial District Judge

Fernandez approved the request from the parents to certify their

suit as a class action including all students who attended the

school during the 2003-2004 and 2004-2005 school years.

Fernandez, however, refused to include school employees and others

who occupied the school at 209 W. Magnolia St. as part of the class.

Fernandez said the evidence concerned only exposure to mold by

students, not nonstudents, and pertained only to exposure during

those two school years.

An attorney for the parents, however, said they will seek to show

that some adults also were made sick. Attorney Madro Bandaries said

he will seek to have the class expanded to more people.

The school closed in May after plans to build a new school fell

through and a lease on the building expired.

The suit was filed in April by parents Barry Cardon and

Dauterive against the school; World Prayer Tabernacle, which owned

the school; and the Louisiana Board of Regents, which governs Nunez

Community College. The college owns the land and building where the

school was located.

A third parent, Vance Robin, has since joined the suit.

According to the ruling, eight children claiming they were affected

by mold have been identified in the suit, but as many as 500 could

be in the class because that is how many attended the school during

the two years.

As a class action, the suit will include all of the school's

students unless they choose not to participate, Bandaries said.

" We will ask for their names and addresses, to inform them they are

in the suit, and to ask, do they want to participate, " he said.

Participants can choose their own attorney, he said.

Bandaries still is collecting medical information, he said

Tuesday. " From what is in front of me today, one of our clients has

been seriously affected, " he said.

But attorney Gordon Serou, who is representing the school and the

state, said school officials believe few, if any children were

harmed, especially because tests showed the mold levels were low.

Everyone who qualifies for the class and who wants to make a claim

that they were harmed will have to prove their claim, Serou said.

.. . . . . . .

Barbier can be reached at sbarbier@... or (504)

826-3836.