Re: Judge Cuts Award in Mold Case

[Guest guest]

That is horrible. The Mengs will not even break even at that amount. Judges

seem to forget the costs of carrying two houses for two years and the cost

of having to get rid of one's possessions.

$1.4M most likely will not cover those costs, let alone pay their attorneys

and future/past medical bills from the matter.

In a message dated 3/14/2009 7:08:39 A.M. Pacific Daylight Time,

tigerpaw2c@... writes:

Lacks of Permanent Injury Cites; Couple to Get $1.4 Million

By Kafia A. Hosh

Saturday, March 14, 2009

_http://loudounextrahttp://loudounexhttp://lohttp://lohttp://lohttp://loudhttp

://lou_

(http://loudounextra.washingtonpost.com/news/2009/mar/14/judge-cuts-award-mold-c\

ase/)

A $4.75 million jury award to a Loudoun County couple who said an extensive

mold problem in their new home made them sick was excessive and will be

reduced to $1.4 million, a Loudoun judge has ruled.

Circuit Court Judge D. Horne, in a written opinion, let stand the

jury's verdict that the Drees Co. was negligent in building the home but said

there was no evidence that and Meng developed long-term health

problems.

" Considering the absence of permanent injury . . . the Court finds the jury

verdicts, as to the negligence counts, were excessive, " Horne wrote in the

March 6 opinion. The award was so excessive that it created the impression that

the jury had misconstrued the law, Horne said.

Horne struck two other jury verdicts, totaling almost $2 million, on claims

of fraud and violation of the Virginia Consumer Protection Act. He also said

the Mengs could not recoup attorneys' fees related to the act.

& #65279;

The Meng family in their rented Aldie home. From left to right, ,

Kaleigh, 12, Emma, 11, and . ( McDonnell)

View all thumbnails

The Mengs sued the Drees Co. in August 2007 after leaky basement windows

caused mold to grow inside their $900,000 house. They said the toxin-producing

mold gave their family health problems and forced them to move out. Meng,

a former college track runner, developed asthma, and Meng experienced

severe migraines that forced her to sleep in the closet because of

sensitivity to light.

Shoddy construction and unmended leaks had let moisture in, allowing mold to

grow and spread through the three-story house, the Mengs said. The jury

award was among the largest in a mold case in Virginia.

Horne's ruling came in response to a request by Drees attorneys to set aside

the jury verdicts, declare a new trial or reduce the damages.

Skip Causey, president of the company's Washington division, said Drees

acted responsibly throughout the construction of the Mengs' home. The company

said in a statement that it agreed with the judge that the jury had

misunderstood the law but that it was disappointed he let any of the verdict

stand.

Meng said that he was shocked by Horne's decision and that it did not

take into account the physical, mental and emotional stress his family had

gone through.

" For the judge just to make a random decision on what he feels is our

damage, it is disheartening, quite frankly, " Meng said. " I'm not sure how he

could

just ignore what the jury said. "

The Mengs have the option of accepting the judgment, asking for a new trial

or appealing. Their attorney, Wise, said a new trial is unlikely. " Why

would I want to retry " the case? Wise asked. " We tried it once, and we won. "

Instead, Wise said he plans to appeal the judge's ruling to the Virginia

Supreme Court. Even if he wanted to seek a new trial, Meng said he

couldn't

afford to because his family has spent all its savings on the case. The

couple still own the Chantilly house and now rent a home in Aldie.

If the Mengs accept the judgment, Causey said, the Drees Co. will probably

file an appeal.

Sharon Noonan Kramer

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[Guest guest]

Do we know if they can appeal the judge's decision?

What a disgrace.

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000005)

[Guest guest]

They have know idea (god forbid) of later damages, cancer, lupus, parkinsons,

ALS, etc, etc, etc

MLMJ75@... wrote: Do we know if they can appeal

the judge's decision?

What a disgrace.

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000005)

[Guest guest]

I dont know how bad they were injured but those awards should be based on the

amount of injury. some people get hudge awards who were not exposed bad enough

to cause long term illness. orher get little awards who will suffer their whole

life or die from iy. the attorney fees should always be included, thats messed

up.

>

> Do we know if they can appeal the judge's decision?

>

> What a disgrace.

>

>

> **************Need a job? Find employment help in your area.

>

[Guest guest]

This is a disgrace.

>

> Lacks of Permanent Injury Cites; Couple to Get $1.4 Million

> By Kafia A. Hosh

>

> Saturday, March 14, 2009

>

>

>

>

http://loudounextra.washingtonpost.com/news/2009/mar/14/judge-cuts-award-mold-ca\

se/

>

> A $4.75 million jury award to a Loudoun County couple who said an extensive

mold problem in their new home made them sick was excessive and will be reduced

to $1.4 million, a Loudoun judge has ruled.

>

> Circuit Court Judge D. Horne, in a written opinion, let stand the

jury's verdict that the Drees Co. was negligent in building the home but said

there was no evidence that and Meng developed long-term health

problems.

>

> " Considering the absence of permanent injury . . . the Court finds the jury

verdicts, as to the negligence counts, were excessive, " Horne wrote in the March

6 opinion. The award was so excessive that it created the impression that the

jury had misconstrued the law, Horne said.

>

> Horne struck two other jury verdicts, totaling almost $2 million, on claims of

fraud and violation of the Virginia Consumer Protection Act. He also said the

Mengs could not recoup attorneys' fees related to the act.

>

> & #65279;

>

> The Meng family in their rented Aldie home. From left to right, , Kaleigh,

12, Emma, 11, and . ( McDonnell)

> View all thumbnails

> The Mengs sued the Drees Co. in August 2007 after leaky basement windows

caused mold to grow inside their $900,000 house. They said the toxin-producing

mold gave their family health problems and forced them to move out. Meng, a

former college track runner, developed asthma, and Meng experienced severe

migraines that forced her to sleep in the closet because of sensitivity to

light.

>

> Shoddy construction and unmended leaks had let moisture in, allowing mold to

grow and spread through the three-story house, the Mengs said. The jury award

was among the largest in a mold case in Virginia.

>

> Horne's ruling came in response to a request by Drees attorneys to set aside

the jury verdicts, declare a new trial or reduce the damages.

>

> Skip Causey, president of the company's Washington division, said Drees acted

responsibly throughout the construction of the Mengs' home. The company said in

a statement that it agreed with the judge that the jury had misunderstood the

law but that it was disappointed he let any of the verdict stand.

>

> Meng said that he was shocked by Horne's decision and that it did not

take into account the physical, mental and emotional stress his family had gone

through.

>

> " For the judge just to make a random decision on what he feels is our damage,

it is disheartening, quite frankly, " Meng said. " I'm not sure how he could just

ignore what the jury said. "

>

> The Mengs have the option of accepting the judgment, asking for a new trial or

appealing. Their attorney, Wise, said a new trial is unlikely. " Why would

I want to retry " the case? Wise asked. " We tried it once, and we won. "

>

> Instead, Wise said he plans to appeal the judge's ruling to the Virginia

Supreme Court. Even if he wanted to seek a new trial, Meng said he couldn't

afford to because his family has spent all its savings on the case. The couple

still own the Chantilly house and now rent a home in Aldie.

>

> If the Mengs accept the judgment, Causey said, the Drees Co. will probably

file an appeal.

>

[Guest guest]

I am so extremely outraged by this decision. I was exposed to these

biological hazards from 1988 to 2000 in Boston City Hall and will NEVER again

be

healthy. What Epiphany happened to this judge for him to determine that there

are no long-term health issues for this family?

I don't know what it entails but if it is possible, I hope the family

appeals this injustice. How easy to be cavalier with the rest of someone

else's

life.

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