General Motors Faces North Carolina Mold Suit

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Monday April 22, 3:08 pm Eastern Time

Press Release

SOURCE: Mealey Publications

General Motors Faces North Carolina Mold Suit, According to Mealey's

BOONE, N.C., April 22 /PRNewswire/ -- A North Carolina motorist has sued

General Motors Corp., alleging that his sport utility vehicle (SUV) was

contaminated with toxic mold, causing mold and yeast to grow inside of his

sinus cavities, Mealey Publications report on Mold litigation reported today

( E. Greene, et al. v. General Motors Corp., et al., No. 02CV156,

N.C. Super., Watauga Co.).

Greene sued GM and Mack Brown Inc. in Watauga County, N.C., Superior

Court. GM designs, manufactures, markets and promotes the Cadillac Escalade

SUV bought by Greene. Mack Brown is the dealership where Greene purchased

the SUV.

Before the sale of the 1999 SUV, the dealership used the vehicle as a

demonstrator vehicle. Although the SUV had more than 14,000 miles on it at

the time of sale on May 17, 2000, Greene says the dealership and GMC

provided all warranties, express and implied, associated with a new vehicle

of the same make and model.

In June or July of 2000, Greene maintains that he noticed a foul odor in the

vehicle and later discovered moisture on the floor of the vehicle. Greene

says he returned the SUV for repair that same month, and the SUV was

returned to him in September or October of that year.

``On or about August 16, 2000, shortly after Plaintiff purchased the SUV,

Plaintiff began to suffer from a chronic illness that continues to plague

him up until the filing of the Complaint,'' Greene says.

It was eventually determined that mold and yeast were growing inside of

Greene's sinus cavities, he says. Illnesses alleged include fatigue,

migraine headaches lasting 12 to 15 hours, earaches, loss of ability to

taste, body tremors, dizziness, memory loss and confusion, irregular

urination, sinus problems and respiratory problems. Greene maintains that he

will suffer from these illnesses for the remainder of his life.

``Plaintiff Everett Greene's exposure to the mold and yeast in the

Cadillac Escalade ultimately led to multiple colonies of black mold growth

in his sinus cavities. Plaintiff has had to endure multiple complicated

surgeries to rid himself of the mold colonies,'' he says.

Claims asserted against GM include unfair and deceptive trade practices,

negligence, common law fraud, breach of warranty, punitive damages,

intentional infliction of emotional distress and breach of contract. Claims

asserted against the dealership include unfair and deceptive trade

practices, negligence, common law fraud, intentional infliction of emotional

distress and breach of contract. A loss of consortium claim is also asserted

on behalf of Greene's wife.

According to the complaint, Greene's medical bills to date are more than

$200,000. He also maintains that he has been damaged by more than $50,000 by

the negligence of the defendants and property damage, among other things.

Greene seeks $10,000 for the loss of consortium claim.

Complete coverage will appear in the May issue of Mealey's Litigation

Report: Mold. For subscription information, call 1-800-MEALEYS or

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SOURCE: Mealey Publications