Jury Awards Homeowner $903,000 for Mold in New House

[Guest guest]

Jury Awards Homeowner $903,000 for Mold in New House

Woman contracted pneumonia 6 times because of problem inside

structure.

The Ledger - Lakeland,FL*

By Suzie Schottelkotte

THE LEDGER

Saturday, October 4, 2008

http://www.theledger.com/article/20081003/NEWS/810030370/1134?

Title=Jury_Awards_Homeowner__903_000_for_Mold_in_New_House

BARTOW | A Lakeland woman who contracted pneumonia six times in 18

months because of mold in her newly built house won a $903,000 jury

verdict late Thursday against the home builder.

Jurors deliberated about five hours before deciding that Lakeland

builder Rudy Brown was responsible for the problems in the house.

They awarded $718,000 to Janice Arnett so she could repair

her house in Eagle Lake, and another $185,000 to compensate for the

time she couldn't use the house.

Bartow lawyer Tom Saunders, speaking on behalf of Arnett, said they

were pleased with the verdict.

" It's been a difficult time, but we are pleased with the outcome, "

he said.

Brown did not return telephone calls for comment Friday.

During the two-week trial, Saunders told jurors that Arnett and her

husband, Mike, moved into the $1.4 million, 8,500-square-foot

lakefront house in July 2002.

" There were problems with the windows leaking and cracks in the

stucco, " he said. " The builder tried to fix it, but by August 2004,

he said there was nothing else he could do. "

By January 2005, Arnett had to move from the house because the mold

was making her sick, Saunders said.

Orlando lawyers Steve Houser and Ray Watts, representing Brown,

argued that the problems had been repaired and mold was no longer a

problem in the house.

Saunders had estimated the cost of repairing the house at $1.4

million, and the loss of use at about $400,000. Brown's lawyers said

the limited repairs that might be needed wouldn't cost more than

$276,000.

Jurors reached a verdict that was half the amount Saunders had

sought.

Saunders said Friday that the verdict will enable the Arnetts to

repair the house on the eastern shore of Eagle Lake. Mike Arnett

wasn't named in the lawsuit because he and his wife weren't yet

married when she contracted to build the house in 2000.

This case isn't over with this verdict, however. Brown is suing the

subcontractors involved with the home's construction, including Bock

& Hoeft Custom Painting Contractors, Contracting, Payne Air

Conditioning & Heating, Overhead Door Company of Polk County and The

Windowmaker Company.

That case is still pending in Polk Circuit Court.

[ Suzie Schottelkotte can be reached at

suzie.schottelkotte@... or 863-533-9070. ]