Courthouse mold lawsuit filed

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Courthouse mold lawsuit filed

By Amy E. Turnbull, Staff Writer

March 9, 2002

A lawsuit filed late Friday calls the New Hanover County courthouse a " sick

building " and seeks to shut parts of it down and pay several clerks and

paralegals for health problems related to mold in the building.

Lawyer Shipman filed the lawsuit in New Hanover County Superior Court

against the county, its commissioners, its manager and the health director.

It was filed on behalf of Satorre, Sharon Lee, Theresa Pugh-McQueen,

Kim Ameri, Pamela Almeida, Randolph, Gloria Todd and Jackie .

Each of the women works in the courthouse as an employee of the Clerk of

Courts or the Register of Deeds, or is a private paralegal who regularly

spends time in the courthouse.

Mr. Shipman has been threatening to sue for several weeks. In the suit, he

says the county failed to appropriately address what a firm he hired to

inspect the building called " abnormally high levels of dangerous

mold/mycotoxins throughout the courthouse and its ventilation systems. "

The suit says that beginning in spring 2001, workers in the courthouse began

complaining of an odor on the first floor (the basement) and began having

headaches, bad tastes in their mouths, lethargy, drowsiness, dizziness,

congestion, swelling, itching or irritated eyes, noses and throats, dry

throats, coughing, shortness of breath, and " other non-specific respiratory

problems. "

Emergency workers tested the courthouse for carbon monoxide, the suit says,

but despite the workers' health complaints, nothing else was done.

Also last year, renovations forced the Register of Deeds Office to move from

the street-level second floor to the basement-level first floor, where mold

began to appear. The suit adds that no warning was ever issued to the

workers about the potential presence of mold or associated health hazards.

In November, a chemical was spilled in the air conditioning unit at the

courthouse, but again, no investigation was done, Mr. Shipman contends.

Within days after moving into the basement in December, employees of the

Register of Deeds office, as well as outsiders who regularly used the

office, began complaining of symptoms similar to those experienced in the

spring, and the Register's office was moved out of the building and the

renovated space was closed.

In early February, the lawsuit says, a registered environmental health

specialist hired by Mr. Shipman to inspect the building reported his

findings to the county. Mr. Shipman contendsno warning was issued to the

public or employees and none of the inspector's recommendations were

followed.

The lawsuit seeks an injunction to close parts of the courthouse that

contain abnormally high levels of irritants, mold or fungi until the areas

are tested and repaired.

The suit also says County Health Director Rice failed in his duties by

not addressing the public health concerns of the building, and asks the

court to compel him to do so.

Lastly, the suit says County Manager O'Neal and the Board of

Commissioners were negligent in failing to maintain the building, to

investigate or fix the problems, to look into the women's symptoms, or to

warn workers and the public about conditions in the courthouse.

All of the plaintiffs except Ms. Randolph are asking for damages in excess

of $10,000 - the threshold for a case to be heard in Superior Court - plus

interest. Mr. Shipman also asked that the plaintiffs pay all legal fees,

costs and expenses.

County Attorney Wanda Copley had not received a copy of the lawsuit by late

Friday, and she didn't think Hal Kitchin, the lawyer hired by the county's

insurance company, had seen it, either.

Even so, Ms. Copley said, the county has done everything it can to ensure

that no one's health has been compromised.

" The county is not guilty of exposing employees to toxic mold, " she said.

After receiving the test results from Mr. Shipman's environmental expert,

the county recently hired its own expert to test the building. County

spokesman Mark Boyer said the county's tests showed that the air outside

contained more mold than the air inside the courthouse.

The vault at the courthouse had the highest level of mold, Mr. Boyer said,

but its level was less than half of what the inspector would call

" alarming. "

Once the renovated-then-vacated Register of Deeds office in the basement is

tested for other contaminants, the county will decide whether to move the

clerks back into the space, he said.

The county has 30 days to respond to the lawsuit.

Amy Turnbull: 343-2389

amy.turnbull@...