H&M gets dismissal from suit over mold

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H & M gets dismissal from suit over mold

Sun - ,TN*

By TAJUANA CHESHIER

tcheshier@...

http://www.jacksonsun.com/apps/pbcs.dll/articleAID=/20080118/NEWS01/8

01180314/1002

DRESDEN - On Thursday Weakley County Circuit Court Judge

Acree dismissed H & M Construction Company Inc., from an initial

lawsuit filed concerning mold at 's Westview High School.

The motion to dismiss the construction company was filed by attorney

Lee Chase, who said Monday that a state law allows a four-year

window to file a lawsuit against a construction company for new

buildings.

Westview opened its present facility to students in 1997, so the

window of complaint closed in 2001, Chase has said.

Acree also continued this week's two-day injunction hearing until

late April and granted plaintiffs a motion to sample Middle

School for mold.

Carol Hinman, the mother of two Westview students, is the second

parent to file a lawsuit against Weakley County Schools.

H & M is not a defendant in Hinman's lawsuit.

However, the company was listed as defendant in an initial lawsuit

filed by and Joost, who believe their son has been ill

because of mold conditions in the school.

Hinman is seeking an injunction to prevent Westview from being used

as a school until it is free from mold contamination.

Thursday's injunction hearing lasted six hours and consisted of

testimony from Hinman, her son Pochop, heating and air

conditioning specialists Brewer and Gordan and Jamison

Peevyhouse, who is Weakley County Public Safety Director.

An audio tape of Peevyhouse addressing a group of concerned parents

was played by Hinman's attorney, Amber , during the hearing

Thursday.

On the tape, Peevyhouse told the parents the mold issue shouldn't be

about getting big bucks and that it should be about cleaning up our

schools.

Peevyhouse conducted two surveys of the school - one in 2005 and

another in 2007.

Peevyhouse noted mold in the school during both visits, but told

Judge Acree that he did not think the school still had a mold

problem.

" They've done things like weather-stripping on the duct work (to

prevent mold growth), " Peevyhouse said.

Peevyhouse also admitted that though he didn't think there was still

a mold problem, he had not checked the entire school or its heating

and cooling system.

Attorney Chuck Cagle, who represents the Weakley County School

Board, did not call a witness Thursday, but Cagle said in court he

planned to call Barber, the schools' superintendent, to

testify.

said the defense is also calling an air quality specialist

to testify.

Neither plaintiffs nor defendants brought their expert toxicologist

to testify this week.

Lipsey, who was hired by the Joosts to conduct tests in the

school, is out of the country, according to plaintiff's attorney,

Amber .

Lipsey is scheduled to visit Westview High School on Jan. 29

and 30 to conduct more tests in the school.

Judge Acree said during the hearing that it would be fair for

attorneys to question the expert witnesses used to determine the

severity of mold in the school.

" It's been very clearly shown that there's mold, " Acree said. He

told attorneys before the hearing continues they should be thinking

about remedial measures. " If I did grant an injunction, it's very

likely that the school wouldn't close until summer. "

Officials have said the school would need to be closed for

approximately six weeks to clear it of mold.

School officials have expressed concerns about closing the school

for six weeks during the school year and the expense of doing it.

Hinman's children have tested positive for mold exposure and have

been suffering many of the symptoms experienced by the Joosts' son.

Hinman testified Thursday that she felt like she was sending her

kids into a burning building every day.

Her son, Pochop, said in court Thursday that he didn't want

to consider home school or transferring because of the loss of

credits during his senior year of high school.

" I'm four months away from graduation, " Pochop said. " I have

positive relationships with my teachers. You can't transfer them. I

have friends there and I like my teachers. "

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- Tajuana Cheshier, 425-9643