Judge orders payment or new trial in school mold case

[Guest guest]

Judge orders payment or new trial in school mold case

Ruling is a setback for Oconee school officials

Daily Journal - Seneca,SC*

By Galarza (Contact / Staff Bio)

April 16, 2008 - 12:00 a.m. EST

http://www.upstatetoday.com/news/2008/apr/16/judge-orders-payment-or-

new-trial-school-mold-case/

WALHALLA — A judge Tuesday issued a ruling that in effect sets aside

a jury verdict last year that awarded $1 to a former Keowee

Elementary student and her parents in connection with a mold case

filed against the School District of Oconee County.

In a post-trial hearing, Circuit Judge J.C. Nicholson granted

additional damages to Lowrey and her parents, and Karl

Lowrey, or a new trial for Lowrey, who now attends Walhalla

Middle School.

Nicholson calculated additional damages for the family of $9,339.29,

which represents actual medical costs incurred since began

experiencing getting sick from exposure to a mold-infested building

at Keowee Elementary.

Oconee County school officials must choose between paying the

additional damages or accepting a new trial for . Nicholson

denied a new trial for the parents, who sued the school district

separately.

Attorney Tom Barlow, who represents the school district, said

another option for his client would be to appeal Nicholson's ruling

Tuesday. School officials have 30 days to make their intentions

known.

The Lowreys' attorney, Lawton McIntosh, said he would have preferred

a ruling that would have granted new trials for and her

parents.

Lowrey, who attended Tuesday's hearing, said her daughter

continues to incur medical expenses.

Nicholson was the presiding judge in the weeklong trial between the

Lowreys and the school district in August of 2007.

After deliberating for about two hours, the jury found that a mold

problem existed at the school but offered nothing to compensate

. Nicholson told the jury it could not do that and sent them

back to determine a monetary award. Fifteen minutes later, the jury

came back with its $1 award.

School officials addressed the existence of a mold problem inside a

block building at Keowee Elementary School in November of 2003.

Teachers and students vacated the building so it could be renovated

and have the mold problem eradicated.

Another family filed a mold-related lawsuit against the school

district in June of last year. In that case, the jury found the

school district guilty of gross negligence but did not award

damages. Another judge denied a request for a new trial in that case.