Merrimack Couple suing former owners over mold

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Couple suing former owners over mold

Thursday, September 19, 2002

By Associated Press

NASHUA, N.H. - A Merrimack family driven out of its home after discovering

toxic mold in the attic is suing the Massachusetts couple who sold it the

house.

and Dawn O'Neil filed have suit in Hillsborough County Superior Court

against and Debbie Leggett of Peabody, Mass., seeking unspecified

damages for negligent misrepresentation. The suit was filed Aug. 21.

The lawsuit alleges that the Leggetts knew about the mold when they sold the

house to the O'Neils four years ago and failed to disclose that the upper

attic area was saturated with it.

The suit states that the Leggetts had a new roof put on the gambrel-style

house in 1995 and either knew or should have known about the mold then. The

O'Neils didn't discover the problem until they had a vent installed in their

bathroom in June.

When it was put in, they were told the inside of their ceiling was all

black. Not sure what it was, the family hired an air-quality specialist.

When some of the substance was identified as trichoderma - a toxic fungus

that has been linked to health problems ranging from sinus infections to

brain damage - they were told to leave the house.

After replacing the roof, the O'Neils moved back in, thinking it would be

safe to stay. But within two weeks, their youngest son started reacting to

the various strains of toxic mold that had been growing in the attic.

The suit states that as a direct result of the Leggetts' negligence, the

O'Neils had to remove the entire second floor of the home to rebuild the

roof and to sell the house below fair market value because of the mold

problem. The O'Neils lost wages, were forced to find alternative living

arrangements and incurred costs in trying to repair the house, the suit

states.

The suit also notes that the O'Neils' youngest son, O'Neil III,

was born in the house and developed autism. The family suffered personal

injuries, including but not limited to fatigue, headaches, sinus infections,

respiratory illnesses, sore throats, rashes, hives, coughing blood and

reflux, the suit states.

The Leggetts had not filed a response in court as of Wednesday. Attorney

Friedman of Concord, who is representing the Leggetts, could not

be reached for comment Wednesday.

The O'Neils have two other related lawsuits pending. One names the home

inspection company, A-1 Home Inspections of Manchester, and S & S Appraisal

Associates of Nashua, the appraisal company that looked at their home before

they bought it four years ago.

The other suit names Hingham Mutual Fire Insurance Co. of Hingham, Mass.,

which says it covers fire damage, but not mold.

Lawyers in both of those suits are in the process of gathering and sharing

evidence.

" We're progressing forward and hoping to be able to prove our allegations, "

said attorney Finis of Concord, who is representing the O'Neils in

all three suits.