School District to appeal mold-case rulings

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School District to appeal mold-case rulings

Daily Journal - Seneca,SC*

By Galarza (Contact / Staff Bio)

September 12, 2008

http://www.upstatetoday.com/news/2008/sep/12/school-district-appeal-

mold-case-rulings/

WALHALLA — On the recommendation of their attorney, Oconee County

school officials are appealing a recent adverse ruling in an on-

going mold-related lawsuit filed on behalf of a former student at

Keowee Elementary School.

Barlow, a mold-litigation expert representing the School

District of Oconee County, filed a notice of appeal this week at the

Oconee County Courthouse.

Specifically, Barlow is challenging a ruling by Circuit Judge

J.C. " Buddy " Nicholson dated July 9 that grants a " new trial

absolute " to Lowrey, a young girl seeking damages after

allegedly suffering health issues while attending a mold-infested

block building during the 2003-04 school year at Keowee Elementary

School.

Barlow also is appealing Nicholson's Aug. 13 order denying the

school district's motion for reconsideration, or to alter, amend or

set aside the July 9 ruling.

The case took on notoriety when an Oconee County jury last year

found in favor of the girl's parents, Karl and Lowrey, but

returned with an award of $1. At the same time, the jury found

against Lowrey.

The Lowreys attorney, Lawton McIntosh, successfully appealed the

verdicts.

In overturning the verdicts, Nicholson said that by awarding the

parents $1 " the jury necessarily found that the school district was

grossly negligent " and called the verdict " inadequate. "

Nicholson also concluded that Lowrey is entitled to a new

trial.

Assistant School Superintendent Thorsland said school

officials decided to appeal during a recent board meeting.

" This was a school board decision based on Mr. Barlow's

recommendation, " Thorsland said. " He felt an appeal was better than

paying bills. "

Thorsland added that the school district has been successful

litigating the Lowrey case and another mold case in which it

prevailed in 2006.

Lowrey's symptoms from being exposed to mold at the school

included headaches, hearing loss, red eyes, vomiting, shortness of

breath and seizures. After many complaints from teachers and parents

about the mold problem, the school district evacuated the block

building to have it gutted and cleared of mold.