Latest Update on Joost/Hinman/Pochop vs Weakley County Schoolsl Mold Case, TN

[Guest guest]

I hope this finds you all doing well.

I am sending this update as a group bcc email to update all of you who have

shown concern in our situation with Weakley County School Board and the present

indoor conditions of Westview High School and Middle School.

You can also read about

the latest news in its entirety

on the website   www.schoolmoldhelp.org . 

When you click on this site you will come to the homepage; the information is

both on the front of the homepage and listed on the left side of this page you

will see items under " Latest News " ;

click on the item --   TN School Mold Case....FRAUD by School

Board....

This

includes the latest information regarding our situation with a press release

(see below) and the

entire inspection report of Westview High School and Middle School (see

attached file) that

was done by

a neutral third party in early December.  This inspection took place after the

" remediation " was finished in Westview High School and Middle this past

summer 2008.

This is now public

record in the

courts so our attorneys, Larry Parrish and  Amber of Memphis TN, have

decided to put this information in the media to let the public be informed. 

This information was in The Dresden Enterprise newspaper on Wednesday, 2/18/09,

and it is scheduled to be in The

Weakley County Press next week in addition to other

media.

This has been a very long journey and our case is still ongoing.  We are still

hoping the indoor conditions of Weakley County schools will be corrected so our

children and teachers have a safe place to learn and work. 

The update on our son, Caleb, is that he is doing much better and is a freshman

in college.  He will forever be hypersensitive to mold and have a supressed

immune system.  After removing him from the fungal exposure in the high school

his junior year, getting expert medical treatment from a very caring specialist,

Dr. , Director of the Center for Immune and Toxic Disorders of

Houston TX, and most importantly, LOTS of prayer, and Caleb's faith in God and

persistance to keep on keepin' on, he is doing well at this time and for this,

we are very grateful.

PRESS RELEASE

Joost vs Weakley County Schools Mold Case Update and Press Release:  Read

complete update at www.schoolmoldhelp.org.

The following is a Press Release, Motion to Amend Complaint,

Amended Complaint: PLAINTIFFS AMEND COMPLAINT AGAINST (School) BOARD TO

INCLUDE FRAUD, and Moisture Intrusion/Visible Mold Inspection

Report for Westview High School and Middle School,

, TN ,

Feb. 2009. All are related to a TN court case involving alleged school

mold.  These are all public documents, available in the public record in

Weakley County , TN

(SMH).

" On February 4, 2009, Plaintiffs filed

the Third Amended Complaint alleging Fraud in their complaint against the Board

of Education.  In summary, Plaintiffs allege that the Board of Education

denied that a mold problem existed at Westview, when, in fact, the Board of

Education knew of the mold problem as early as 1998, when memos, issued in 1998

and 1999, discuss  “heavy mold…evident on the gym concrete bleacher

areasâ€

and “numerous ceiling tiles stained from condensation.†"   

MOLD REMEDIATION INSPECTION AT WESTVIEW

HIGH SCHOOL AND MARTIN MIDDLE SCHOOL

COMPLETE, REPORT ISSUED…

PLAINTIFFS AMEND COMPLAINT AGAINST BOARD TO INCLUDE

FRAUD

 

,

TN – On January 16, 2009, Plaintiffs filed the

Mold Remediation Inspection Report for Westview

High School and Middle School . 

This report was written as a result of an inspection ordered by the

Court.  The inspection for the presence of water intrusion and visible

mold growth was conducted after the completion of the remediation provided by

the Board of Education, in response to the lawsuit filed against them alleging

negligence due to the presence of harmful mold within Westview High School

walls.

 

The

report shows active water intrusion in areas such as the theater, with

saturated and warped flooring and water running down the wall when there is

heavy rain.  The library also had evidence of damage, and the inspector

reports that the suspended ceiling shows signs of water intrusion throughout

the school. 

 

Visible

mold growth was present in areas associated with the water intrusion problems

identified, including potential mold growth under the wood flooring in the

theater, growth under some bookshelves in the library, growth on items in

different areas of inspected classrooms, as well as various ceiling tiles,

supply registers, and air handling units, which showed heavy buildup on the

installed filters.

 

Middle School was also inspected, and the report shows water damage

associated with the suspended ceiling, ceiling tiles, light fixtures, and HVAC

supply registers.  Water stains were also evident on carpet in several

areas of the school, and visible mold growth was identified on in various

classrooms,

ceiling tiles, and supply registers in the school.

 

On

February 4, 2009, Plaintiffs filed the Third Amended Complaint alleging Fraud

in their complaint against the Board of Edcuation.  In summary, Plaintiffs

allege that the Board of Education denied that a mold problem existed at

Westview, when, in fact, the Board of Education knew of the mold problem as

early as 1998, when memos, issued in 1998 and 1999, discuss  “heavy

mold…evident on the gym concrete bleacher areas†and “numerous ceiling

tiles stained

from condensation.â€Â Â 

 

The

Board of Education also sued H & M Construction, Fleming

Associates/Architects P.C., and Mechanical Contractor, Inc. in April of

2000, alleging in paragraph 15 of the complaint that “On or about March 13,

1998, plaintiffs, or its employees or agents, noticed substantial moisture

problems and high humidity levels inside the Westview High School which caused

microbial

growth, mildew and mold throughout the school, thereby damaging the school

structure, plumbing and contents.â€

 

The

Weakley County Office of Public Safety conducted an inspection in 2005 with the

assistance of the Board of Education’s Lorna Benson.  The inspection

report shows mold-like substances in hallways, classrooms, floor tiles, ceiling

tiles, air conditioning vents that empty into the eating areas, and made

recommendations of sampling and treating the affected areas.

 

The

Board of Education, in its answer to Plaintiff’s complaint, denies that it

knew

about the problem of dangerous toxic mold existing at Westview.  It also

denies that in the summer months of 1998, the HVAC malfunctioned, causing water

to saturate the indoor areas of Westview and generate toxic mold growth inside

the premises. 

 

Plaintiffs

allege that, as a result of fraud, additional damages have been suffered, since

it is likely that a different course of action would have been taken by

Plaintiffs had they known about the mold contamination at an earlier date.