Appeals Court Rules For Chattanooga Family With Mold Damage

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Appeals Court Rules For Chattanooga Family With Mold Damage

posted November 29, 2007

The Chattanoogan - Chattanooga,TN*

http://www.chattanoogan.com/articles/article_117847.asp

The Tennessee Court of Appeals has ruled in favor of a Chattanooga

family who said they began having extensive mold damage after

construction of the new Hillcrest Elementary School.

Harold and Sonya Hardaway had sued Hamilton County, the Tennessee

Board of Education, Derthick, Henley & Wilkerson architectural firm,

Improvement Specialty Company and HBJ Corporation.

Oircuit Court Judge Neil had given a summary judgment to the

defendants, saying there was not enough evidence that the mold

problem began following runoff from the school project.

Judge Herschel , in writing the opinion, said Mr. Hardaway

testified that he had been in his basement and not noticed the mold

before work on the school began.

The appeals court remanded the case, saying there was a factual

situation for a jury to decide.

Mr. Hardaway made a number of appearances before the County

Commission seeking help with his plight.

He also picketed outside the courthouse.