Mold claim against Venice apartments hints of class action

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Mold claim against Venice apartments hints of class action

Madison County Record - ville,IL*

4/25/2008

By Steve Korris

http://www.madisonrecord.com/news/211386-mold-claim-against-venice-

apartments-hints-of-class-action

Claude , who last year dismissed a suit alleging that owners

and managers of Bissell Apartments in Venice injured him with mold,

has filed suit alleging that owners and managers of Bissell

Apartments injured him with mold.

" This is a re-filed action after a voluntary dismissal, "

of Chicago wrote in an April 10 complaint.

, like 's previous attorney Lanny Darr of Godfrey, did

not state where lives, what he was doing at Bissell

Apartments, or how mold injured him.

simply asserts that was present and adds a comment

that the apartments host non-resident visitors such as guests or

contractors.

seeks damages from property owner BA-2003 Limited

Partnership and property manager Independent Management Services.

He also seeks damages from former owner Bissel Apartments Limited,

which sold the property in 2004, and former manager Westmark

Management.

wrote, " The Bissel Apartments, at the time of the filing of

this complaint, and for a considerable period prior thereto, were

infested with mold and fungal growth. "

At all times, wrote, mold was on surfaces and in the air.

presented similar claims in 2005, as Darr's client in a

proposed class action.

Darr sought to certify and Bissell resident Kesha Manning as

representatives of all persons who suffered damage from mold.

Under Darr's plan, Manning would have represented residents and

would have represented everyone else who set foot on the

property.

When dropped out, Darr dropped personal injury claims and

sought recovery on behalf of the proposed class for property damage

alone.

Last fall, Madison County Circuit Judge Andy Matoesian granted

summary judgment against Manning.

Darr moved to vacate the judgment, and Matoesian denied the motion.

Darr petitioned for review at the Fifth District appellate court in

Mount Vernon, where his petition remains pending.

's new complaint does not propose a class action but it hints

at one.

It says Westmark breached its duty of care to " and all class

members. "