Candle and Mug owners sue landlords over mold

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Candle and Mug owners sue landlords over mold

By Nick Pinto , Staff Writer

Daily News of Newburyport

http://www.newburyportnews.com/punews/local_story_067120636?page=0

NEWBURYPORT - The owners of a prominent and now-closed State Street

business filed suit against their former landlords yesterday,

arguing a persistent and untreated mold problem caused health

problems that shut down the store.

State Street Candle and Mug, which closed in January, filed the suit

yesterday against companies with ties to Newburyport businessman

Lagasse and billionaire mall developer Karp, who

have teamed up to buy much of the city's downtown and waterfront.

The complaint alleges the property owners failed to properly

maintain the commercial space at 5 State St., allowing water damage

to go unrepaired, which led to a dangerous mold infestation.

Exposure to the toxic mold seriously affected the health of Lee

Yeomans, who owned State Street Candle and Mug with her husband

, according to the complaint.

Yeomans alleges in her complaint that as a result of exposure to the

mold, she developed and still suffers from various rheumatic

diseases, including Sjogren's syndrome, an incurable autoimmune

disorder. The untreated mold problem and Yeoman's resulting illness

prevented her from working and forced the couple to close the

business, the complaint alleges.

The suit, filed in Salem Superior Court, seeks damages for hospital

expenses, future medical costs, lost wages, and a loss of business

totaling $208,000.

Lagasse did not return calls to his office, home or cell phone

yesterday.

Reached by telephone yesterday, Yeomans made the following

statement: " There were years of water intrusion through the roof and

ceilings that caused a serious mold problem, impacted my health, and

necessitated me closing the business.

" All through the holiday season, people saw me outside soliciting

for the Salvation Army. I did it because I wanted to be downtown for

the holidays and I needed to be near my business in case my help

needed me, but the mold and my health wouldn't let me be inside the

store. "

Yeomans declined to answer any questions about the complaint on the

advice of her lawyer.

Yeomans worked at the store for 12 years and owned it for the past

10 before the closing in January. At the time, she did not make

public any reason for her decision to close.

Before closing, Yeomans said she had hoped to relocate her business

elsewhere in Newburyport, but was unable to find a location that was

large enough.

Located on a prominent corner of Market Square, the store's

collection of candles, holiday decorations and crafts often drew a

crush of customers, especially during the holidays. Among those who

bought items there was former Red Sox ace pitcher Pedro ez.

Yeomans has spoken out against Karp and Lagasse before. A year ago,

she was among a group of downtown retailers who raised concerns

about the property owners' raising of rents and the impact on

downtown businesses of their planned waterfront development.

" I'm very concerned about where we are going with Karp, " Yeomans

said at the time.

The building at 5 State St., constructed in 1850, inlcudes a ground-

floor retail space with four apartment units on the floors above.

Lagasse bought the property for $1 million in 1992. The city

assessor values it at $942,700.

The commercial space formerly occupied by State Street Candle and

Mug remains vacant.