Judge upholds $140,000 award in Oswego mold lawsuit

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Judge upholds $140,000 award in Oswego mold lawsuit

http://www.suburbanchicagonews.com/beaconnews/city/AU31_MOLDCASE_S1.h

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By DeFour

Staff writer

8/31/05

chicagonews

WHEATON — A DuPage County judge Tuesday upheld a jury's $140,000

award to a family who sued a real estate company and several others

after discovering their Oswego house was infested with mold.

Judge Bonnie Wheaton denied a post-trial motion by one of the

defendants that would have struck down the award, including nearly

$70,000 in punitive damages, that favored the plaintiffs, Jeff and

Tina Werderman.

Defense attorney Bob Heist, representing Naperville Professionals

Inc. d/b/a RE/MAX Professionals Select, said he was not surprised by

the decision because a jury's verdict is difficult to overturn.

The Werdermans purchased the house at 27 Boat Lane in 2003, but were

never told that it had been flooded in 2001.

Less than a week after moving in, family members began to suffer

respiratory problems.

After talking to neighbors, they discovered mold behind appliances

and underneath the new carpet, and eventually learned the

infestation had rendered the house uninhabitable.

They first asked the former owner, Liberty Ventures LLC, to take

back the property, but eventually sued the company, as well as the

RE/MAX agency and the home inspector, Hometeam Inspection Services

of Yorkville.

The two-year ordeal culminated in a contentious two-week trial in

July.

The jury ruled that RE/MAX Professionals Select should pay $62,160,

Liberty Ventures should pay $9,100 and Hometeam Inspection Services

should pay $285.

An additional $69,175 in punitive damages was awarded against the

RE/MAX agency.

The Werdermans filed 12 different claims, including a statutory

claim that RE/MAX Professionals Select violated the Illinois

Consumer Fraud and Deceptive Business Practices Act.

Wheaton ruled in favor of the defendants on that claim in July,

which prevented the Werdermans from recouping legal costs that

exceed $200,000 and continue to rise.

The Werdermans have filed their own post-trial motion for the judge

to reconsider her ruling on the statutory claims.

And Liberty Ventures also has filed a post-trial motion to strike

down its portion of the award.

Both hearings are scheduled for Sept. 22.