Big award ordered in mold case

[Guest guest]

October 23, 2005

Last modified October 23, 2005 - 2:16 am

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Big award ordered in mold case

Associated Press

MT, USA

EUREKA - A jury has ordered the city to pay a local couple more than

half a million dollars for damage from a sewer backup that left

behind mold that made their children sick.

The city's sewer backed up into the home of Stan and Bonnie

for the sixth time on Oct. 28, 1999, said their attorney,

Frampton, of Whitefish.

The backup left 3 inches of sewage in the family's home. Combined

with normal humidity and water used by a restoration company, it

created the perfect conditions for stachybotrys mold, which sickened

the couple's children, Frampton said.

Testing by the state health department in March 2001 showed high

levels of mold spores in the home, Frampton said.

The couple argued that a root that had grown through the city's

sewer pipe caused the problem. The city maintained it was not

responsible.

A jury awarded the couple $255,000 for damage to their home and

$45,000 for damage to personal property. Jurors also gave them

$152,000 for expenses and $148,000 for emotional distress. The

judgment will be reduced by $200,000 already paid to the family by

Stat Disaster Restoration, Frampton said.

The city's attorneys - Terry Mc and Lukes, both of

Missoula - were not immediately available for comment.

Frampton said the couple were happy the matter was resolved.

" They built their dream home, and it was taken from them, " he

said. " They didn't do anything wrong. "

[Guest guest]

What, a restoration firm responsible for not drying properly? What a

surprise!

In a message dated 10/24/2005 8:03:49 A.M. Eastern Standard Time,

writes:

The

judgment will be reduced by $200,000 already paid to the family by

Stat Disaster Restoration, Frampton said.

Armour

Armour Applied Science, LLC

Green Building Healthy Building

Cleveland, OH

440-546-7068