Courthouse Mold Plaintiffs Press for Response to Lawsuit

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Courthouse Mold Plaintiffs Press for Response to Lawsuit

Jordana Mishory

_Daily Business Review_ (http://www.dailybusinessreview.com/)

September 17, 2009

Attorneys for employees who claim mold at the downtown Fort Lauderdale,

Fla., courthouse has made them sick have given Broward County five days to

respond to their lawsuit or risk a default judgment.

Plaintiffs attorney McKee of Krupnick Malone Buser Slama

Hancock Liberman & McKee in Fort Lauderdale faxed a two-sentence letter to

the county attorney Monday, saying he would move for default in five days

unless an answer to the March complaint is filed promptly.

In an interview, Broward County Attorney Reginald Hicks called McKee's fax

a " red herring " and a " non-issue. "

Hicks contends the plaintiffs can't obtain a default judgment because the

county has filed motions in the case, although not an answer. He said his

office has prepared answers but is considering filing another motion first.

He declined to comment on what the request was.

Six lawsuits have been filed so far against the county and other

defendants, claiming Broward County and its contractors failed to cure the

aftereffects of Hurricanes Katrina and Wilma and broken pipes that caused

flooding.

More lawsuits are expected.

In April, the county moved for a change of venue " to bolster fairness and

avoid the appearance of impropriety. "

The motion filed by Hicks contends anyone who works in the courthouse --

including all judges -- is a potential witness.

" The courthouse itself houses the employer of the plaintiff, most of the

judiciary and other court personnel, which alone reasonably supports the

rationale for this motion to change venue, " the motion states.

Circuit Judge Patti Englander Henning denied the motion without prejudice.

The cases have been consolidated before Circuit Judge Eade for

discovery purposes.