Judge's Verdict on Mold Contamination in Westview High School, TN

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A VICTORY for the Children!!

Acree stands by previous court order in mold hearing

By Bates , Chief Staff Writer, The Weakley County Press

After hearing nearly two days of testimony, 27th Judicial District Circuit Court

Judge Acree stood by his February order to have a local public high

school remediated of mold.

The judge determined on Tuesday during a temporary injunction hearing that the

Weakley County Board of Education had acknowledged the presence of mold inside

of Westview High School . He also said the Board planned to “fix” the problems,

although a formal written plan had not yet been submitted to the court. The

hearing was a request by Carol Hinman of to cease operations at the

school until the building was rid of what was considered by some to be “toxic

mold.”

Hinman has filed suit against the Weakley County Board of Education with claims

that two of her children who attended the high school had suffered

medical affects due to mold contamination inside the building.

Acree ordered Pannu, attorney for the school board, to submit a written

plan describing steps that will be used to remediate the public school.

During testimony by Dr. Elliott Horner on Tuesday it was revealed that WHS did

have water infiltration issues that led to high levels of moisture throughout

the building. Horner also noted that he found “visible mold growth” in the

building and had recommended the school be remediated.

Hinman’s attorney Larry Parrish of Memphis asked Horner why there was no

remediation plan after the mycologist found mold growth inside the building last

August.

“I did discuss this with my client, Mr. Pannu. Those recommendations were passed

on to him,” Horner replied.

Horner never clarified throughout his testimony, how much mold a building can

house before it becomes “excessive” or poses a health threat to its occupants.

The mycologist, who is employed through Air Quality Sciences of Georgia, was

hired by Pannu to conduct a joint inspection of Westview High School for signs

of mold growth last August. Dr. Lipsey performed source sampling on

behalf of the plaintiffs alongside Horner in August.

According to Lipsey’s report, certain types of mold growth deemed to toxic in

“excessive” amounts including Stachybotrys, Cladosporium and Aspergillus were

found in areas of the high school.

Acree ordered the Board of Education to begin immediate “temporary” remediation

efforts at the school with permanent remedial measures to be taken by the Board

during the students’ summer break. The circuit court judge heard testimony

Monday and Tuesday that described the progress made on remediation efforts.

Horner testified that at least one wing of the building had been remediated

while half of the HVAC system’s insulation covering the duct piping had been

replaced. It was discovered during February’s hearing that the insulation on the

duct pipes had posed condensation issues, which in turn lead to mold growth on

ceiling tiles in areas throughout the school.

Westview High School uses a chiller system to cool the building. Previous

testimony cited the system had not properly functioned and dampers used to

control fresh air intake had been disconnected.

Acree stood by his order to have the entire HVAC system at the school inspected.

Architectural consultant Kavanagh testified on Monday after an inspection

of the building, engineering measures such as a regrading around the school

building to open “weep holes” and gable replacement need to take place as

long-term solutions to eliminate further water infiltration.

In reference to the temporary injunction hearing for Middle School ,

Horner testified there was not enough evidence to determine if the building

would require further mold sampling to take place. He did advise general

housekeeping issues have contributed to dust build-up inside the school and

recommended a top to bottom thorough cleaning of MMS. After a clean-up, Horner

said a visual inspection would be sufficient to determine if there is mold

growth inside the middle school.

Acree agreed to Horner’s recommendation.

“We are very pleased. We are very happy with the judge’s recommendations. These

steps are all good steps that are beneficial for all parties involved,” Amber

, a member of the legal team for the Hinman family, commented after

Acree’s ruling on Tuesday.

Pannu said he would handle the written plan to present to the judge immediately.

He added the Board would then take the proper steps through the Weakley County

Commission to put out bids for the remedial work to take place this summer.

Two families have sued the Board with claims their children have become ill as a

result of contact with mold throughout Westview. said she would continue

with the litigation through discovery. Both Hinman and the Joost family, who

filed the first suit against Weakley County Superintendent of Schools

Barber, the Weakley County Board of Education and Weakley County as a government

entity, are requesting jury trials for the pending litigation.

WCP 5.15.08