NTMCnewsbrief,June 1, 2002

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Southwest Missouri News Assoc.

SUMMARY JUDGEMENT FILED by Defendants in

Carroll-Bower and Lane case for C.O. Poisoning. In May

the Greene County Judge ordered new jury instructions

by the Plaintiff Bower. The Plaintiff obliged. At

this hearing the Judge reset the trial for the 3rd

time for November 20-23, 2002. He is up for

re-election at this time. Today the Plaintiff recieved

from the Defense attorney a motion for Summary

Judgement stating that Plaintiffs' did not have

medical expert or diagnoses of c.o. poisoning.

Lee gave expert testimoney by oral and video

deposition which was excluded from the Motion by

Defendants.

The Motion for Summary Judgement included depositions

in part, portioned and incomplete filed by the other

side, totally excluding the cross-examination portion

of the depositions. Even totally ommitting

Lane's deposition from record. One half of

Carroll-Bowers depositon ommitted. This excluded much

evidence. He excluded medical records, the orginal

shut down form issued at that time hole was discovered

from the utility company that showed emmissions of

1000ppms of carbon monoxide emission in a approx. 700

sq. ft. apt.

The Attorney filed in his summary judgement documents,

and exhibits, falsefied and perjured statements by

the heating and air conditioning man hired by the

apartment management, even after proof of perjury.

The Plaintiffs are presently filing a Civil Rights

action in Federal Court for Obstruction of Justice,

and violation of their VII amendment, the right to a

jury trial. In addition the President of the National

Toxic Mold Coaltion is filing a Housing Discrimination

suit against the owners.

On Friday the 31st of May 2002 Carroll-Bower

filed a toxic mold claim with State Farm isurance

claims office, who returned a letter, saying there

was not evidence for claim of toxic mold in said

apartment.

Plaintiffs are filing a claim against St. Farm Fire

and Casualty on Monday for Consumer Fraud.

Many complaintants nationwide, are binding together

for a class action suit in Federal Court for Bad Faith

on Insurers who will not pay claims in a timely or

fair manner. Some even refuse to accept claims and

turn claims away.

The purpose of the class action is to force the

insurors to make good on their words, and commercials,

" Your in Good Hands " etc. to ensure payment of claims

that have caused illness and even death from Toxic

Mold and Chemical Exposures.

This company and owner have stayed in a constant state

of denial. The Plaintiffs can not believe that

DEFENDANTS CONTINUE to deny a PRE-EXHISTANT hole in a

heating unit is a BREACH OF WARRANTY OF HABITABILITY.

Carroll-Bower suffers from Parkinsonism, Willliam

Lane, age 10 at time, and Ariel age 7 at time,

still suffer Hypoglycemia, chronic fatigue, Multiple

chemical sensitivity, inability to regulate body

temps, mitral valve prolapses, bladder and kidney

problems. Carroll-Bower was a former Professional

Ice Skater and her children were active in sports and

gymnastics. The girls can no longer participate in

sports because of possiblity of heat stroke from

Mitral valve prolapses. They are having difficulty

with courses in school they used to master. They have

no ability to retain the information from day to day.

Carroll Bower has an MRI report from this

exposure that shows scattered White Matter Brain

Density changes. (Brain Damage.) The children have

since been unable to secure MRI's or treatment because

one of the owner of apartments where occurrence

happened is a physician.

At the time of the exposures there was toxic mold

present in same unit which was simultaneously blowing

into the air. Plaintiffs retained physical evidence in

the form of pictures, fiberglass with toxic mold

present, soot present and a large gallon of water from

shampooing the carpet by Plaintiffs at their own

exspense that contain almost 80%. Since it has been

contained for over a year it is evaporating, and

Plaintiffs beleive that is the idea on the part of the

Defense to have a later trial again, maybe the rest of

the evidence of soot will evaporate.

The defendants, destroyed, with their heating and air

conditioning man the heating unit containing the hole,

the same night while Plaintiffs were in the E.R.

Although a Motion for Default Judgement was filed by

Plaintiffs' in lieu of the Spoiliation of the

Evidence. The Judge denied the Motion in March of

2002.

A motion for change of venue was filed and ignored.

Bower & Lane vs. Elliott and Others Green County, Mo.

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