Mold Induced Injury and Property Damage

Style of Case: Linda House vs. Winters Heating/Cooling, Inc
Client:    Winters Heating/Cooling
Trial End Date:   3/12/2009
Court:    Third Judicial Circuit, Madison County, IL
Type of Case:    Personal injury and property damage to home caused by mold
Judge:    The Honorable Barbara Crowder
Reed Armstrong Lawyer who tried the case:  Michael J. Bedesky
Jury Verdict

Plaintiff Linda House claimed that defendant Winters Heating was negligent in installing a new furnace in her home. As a result of Defendant’s furnace installation her air conditioning allegedly failed to dehumidify the home resulting in mold growth. Defendant’s employee admitted that he did not property “seal” the system, allowing un-humidified air to bypass the “a” coil in the furnace. Plaintiff’s treating physician, Dr. Kristen Stabell, stated that Plaintiff developed breathing difficulties, a rash and aggravation to her fibromyalgia resulting from the mold infiltration. Stabell claimed that Plaintiff had permanent injury due to the mold exposure. Defendant’s expert witness, Dr. Raymond Slavin at St. Louis University found that Plaintiff was reacting to volatile organic compounds (voc’s) in the mold and that she should leave her home or remediate the structure.

Both Plaintiff and defense experts agreed that the home needed mold remediation. Defendant claimed that Plaintiff’s home had pre-existing moisture infiltration in the basement. Defendant’s mold expert testified that there was an ongoing source of moisture in Plaintiff’s home. Plaintiff asked the jury to award a total of $360,000 at trial. The jury returned a defense verdict.

Last Demand:    $150,000
Verdict:    Defense Verdict