Torrance condo owners, board settle mold dispute

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Torrance condo owners, board settle mold dispute

By Nix

DAILY BREEZE

Litigation over mold in a Torrance condominium unit has ended with both

sides claiming victory in the case.

, 66, and Lurley Winton, 71, who co-own unit No. 67 at the

West Del Amo Pacific Condominiums on the 3200 block of Merrill Drive,

claimed a water leak caused hazardous mold to grow in their home. It was

reported and fixed in May 2000.

However, the mold came back, and is responsible for health problems the two

are suffering, according to their attorney, Robb Strom.

A jury found that, while the board was negligent, the owners did not suffer

any damage. The parties then settled the case, with the board agreeing to

buy the unit from the couple.

The association has agreed to pay and Winton $200,000 for their unit

and $50,000 to settle the case, Strom said.

and Winton's alleged mold-exposure symptoms include aggravated

asthma and a cognitive brain disorder for Winton, and nosebleeds, headaches,

respiratory problems and a leg-numbing cyst for , Strom said.

and Winton claim the condominium owners association board of

directors did nothing to fix the problem, forcing the couple to move out in

August 2000.

During trial before Judge Willett at the Beach Cities Court, a jury

found 9-3 that and Winton were not damaged by any actions or

inactions taken by the board, but voted 10-2 that the board was negligent by

not taking more action.

Attorneys for the association's insurance company presented evidence during

the month-long trial that ended March 14 that the mold in the unit came from

a lack of ventilation, is mainly on personal property and is not of the

variety that causes disease, said Margaret Brennan, president of the West

Del Amo Pacific Condominiums Owners Association.

The insurance company also argued that and Winton prevented anyone

from entering their unit to deal with the problem, and had planned to sue

from the beginning, Brennan said.

Strom said they presented evidence that showed his clients had opened their

doors to board members, contractors and insurance representatives at least

25 times.

and Winton had asked for $1.5 million in damages.

Strom called the jury verdict " a travesty " because it did nothing to help

his clients, who were forced out of their home after 15 years.