Judge Matoesian: Mold claim stops here!

March 21, 2008

Madison County Record - ville,IL*

3/20/2008 8:00 AM

By Steve Korris

stops-here

Madison County Circuit Judge Andy Matoesian won't allow attorney

Lanny Darr of Godfrey to reopen a suit over mold in the Bissell

Apartments of Venice.

At a March 14 hearing, Matoesian found no reason to vacate a summary

judgment order that he granted to Bissell owners and managers in

November.

Darr represented renter Kesha Manning in a proposed class action on

behalf of all Bissell residents who suffered property damage due to

mold.

When Matoesian threw out the case in November he told Darr, " There

is no question of fact and she does not have any damage. "

Darr moved to vacate the order.

He then hired a hygienist to test Manning's apartment for fungi.

In a Feb. 5 brief he argued that the amount of damages was

irrelevant because discovery was continuing.

" Defendants failed to grasp that the time for plaintiff to disclose

her and her witnesses' opinions had yet to elapse, " he wrote.

" Discovery was and still is in its early stages, " he wrote.

He submitted a fungus test, but Troy Bozarth of ville

protested on behalf of owner BA-2003 Limited Partnership and manager

Independent Management Services.

" Manning is attempting to submit evidence which would have been

readily available to her since before the lawsuit began, " Bozarth

wrote Feb. 20.

Matoesian agreed, standing by his November decision.

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