News Story - Judge denies East's request to throw out mold lawsuit

March 5, 2002

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Judge denies East's request to throw out mold lawsuit

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Chicago Tribune | Daily Herald

Thursday February 28 08:38 AM EST

Judge denies East's request to throw out mold lawsuit

By Fabbre Daily Herald Staff Writer

A Kane County judge has denied the St. school district's bid to appeal his ruling in a lawsuit related to the moldy conditions at St. East High School.

The district had asked Kane County Judge Colwell last year to dismiss the case. He has ruled that he wouldn't dismiss it, and this week said that he won't allow the district to appeal that decision.

The lawsuit alleges that moldy conditions at St. East High School made students and teachers sick.

"It's a setback at this point, but we'll continue moving ahead," said Tom , a spokesman for the school district.

Attorney , who represents the district, argued the case should be dismissed because the district was protected from being sued. He said school officials could not be held liable for decisions they made as public officials. In November, Colwell denied 's request to dismiss the case.

asked to appeal the ruling, saying the district did not want to spend money defending a case it felt should be thrown out. The district needed Colwell's approval to appeal because the decision was part of an ongoing case.

Brett Sharpenter, whose daughter is one of the students suing the district, blasted district officials for trying to argue that they were not liable for the building conditions at East.

"The school district's contention that they have the discretion to make your child sick is dangerous and downright disgusting," Sharpenter said.

Sharpenter's daughter, , is among the students and teachers who are suing the district, claiming that the moldy conditions at the school made them ill. Since 1997, students and teachers have complained of a variety of health problems - including sinus infections, itchy eyes, difficulty breathing and headaches. Many blame the school for their ailments and note that their health improved when they were not inside the building.

The school was closed last April after consultants discovered dangerous molds in the building. Since then, school officials have been working to rid the building of mold. The school is expected to re-open this fall.

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