Judge Cuts Award in Mold Case

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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\

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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.

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

12, Emma, 11, and . ( McDonnell)

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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.