$320,000 awarded in home mold case - California

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$320,000 awarded in home mold case

Judge says family suffered illnesses after water got into their living area.

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A couple have won a $320,377 arbitration award for what the two said were

mold-related health problems resulting from construction defects at their former

Cameron Park home.Retired Placer Superior Court Judge L. Gilbert wrote

in his binding arbitration decision this week that the plaintiffs, Darin and

Swart and their two children, " were exposed to harmful molds during

their occupancy of the home " due to water intrusion.

The decision was against Marquee Homes Inc. of , where company

officials could not be reached for comment. The builder's Sacramento attorney,

McElroy, said she could not comment on the case because of ongoing litigation

Marquee has against several subcontractors involved in construction of the

Swarts' home.

The Swarts also have sued the subcontractors - who worked on windows,

framing, concrete and stucco - seeking additional damages for personal injuries.

The

water intrusion came from around windows and through the stucco on exterior

walls, said the Swarts' attorney, C. Jr. of Law Inc. in

Folsom.

As is common among local builders, Marquee required in its sales contract

with the Swarts that all disputes be decided by binding arbitration.

Builders consider arbitration a way to prevent frivolous lawsuits and avoid

big jury awards based on emotion rather than facts.

Arbitrator Gilbert wrote in his decision that exposure to mold " produced mild

symptoms and illness in all of the family members. "

He also stated that " the evidence does not support the Swarts' claims that

exposure has had long-lasting effects. "

The Swarts bought their roughly 3,000-square-foot Marquee home in November

2001 for $325,000 and moved in shortly after. Between January and March the

following year inspections done on behalf of the Swarts and Marquee confirmed

there had been water intrusion " from multiple sources in several areas of the

home, " according to Gilbert's decision.

Gilbert wrote that the Swarts suffered " emotional distress and anxiety " from

mold-related illnesses they suffered during investigations that included

taking apart walls.

Of the $320,377 judgment against Marquee, Gilbert attributed $5,377 to

medical expenses, with the balance attributed to pain and suffering.

In February Marquee paid the Swarts $135,000 to settle alleged structural and

personal property damages, admitting no fault. That amount represented the

difference between what someone paid the Swarts for their home this spring -

$390,000 - and an estimated market value at the time of $525,000.

said he will now seek $130,000 in attorneys' fees and other costs from

Marquee.

In 2001 was the plaintiff attorney in a case in which a Sacramento

jury awarded a local family more than $2.7 million after finding their former

landlord guilty of negligence stemming from mold in their apartment.

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