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mold detection services, mold dog, canine mold
de tec
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Mold Litigation
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"Mold problems have
become more prevalent because of increased use of cheaper
building materials like plasterboard and plywood, which
are more prone to growing mold when wet... Mold, as always,
is spreading, but so is mold litigation, to the consternation
of the insurance industry." A state court in Austin, Texas,
awarded Melinda Ballard and her family $32.1 million in
a case involving allegedly extensive mold damage to their
Dripping Springs, Texas house. The jury ruled that Farmers
Insurance Group had failed to properly address Ms. Ballard's
original water-damage and mold claim and committed fraud
in its handling of her claim," noted Christopher Oster,
"Insurers Blanch At Proliferation of Mold Claims," WALL
STREET JOURNAL, June 6, 2001.
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"Toxic mold lawsuits
are spreading as fast as the fungus among us… Plaintiff's
attorney Alexander Robertson IV, of Woodland Hills, California,
had his first toxic mold case in 1994, when he represented
an unidentified actor and his wife whose million-dollar
home in Malibu was overrun with slimy [deadly toxic mold]
Stachybotrys that was harming their health. The case was
settled for $1.35 million. Robertson has since represented
about 1,000 plaintiffs and he fields calls daily from
across the country," according to Fox News article "Lawsuits
Multiply over the Fungus Among Us" by Adrienne Mand, in
an article dated Oct. 12, 2000.
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LOS ANGELES, CA
— Ed McMahon is suing his home insurance company for $20
million, claiming it botched a simple repair on a broken
pipe and, as a result, allowed a toxic mold to spread
throughout his Los Angeles home, making his family sick
and killing his dog.
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In a lawsuit filed
April 8 in Los Angeles Superior Court, McMahon, who for
years served as the sidekick for Johnny Carson on NBC's
"Tonight Show," said he, his wife Pamela, and household
staff members have been battling illnesses as a result
of exposure to mold. He also said the family dog, Muffin,
died as a result of a mold-induced infection, reported
ABCNEWS Radio's David Alpert from Los Angeles and Buck
Wolf from New York. |
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Centex
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Toxic and non-toxic
molds have generated litigation for construction defects
in commercial buildings and for personal injuries to individuals.
The suits have been filed against contractors involved
in the maintenance of HVAC systems. One such case involves
the Martin County Courthouse in Florida
(Centex-Rooney Construction Co. Inc et al. v. Martin County,
Florida).
Centex-Rooney entered into a construction management agreement
with Martin County in 1985 to serve as the manager of
construction of the courthouse and adjacent buildings.
Centex assumed complete control over the site and project,
including the selection of all subcontractors and the
management and inspection of all their work. Centex completed
the project in 1988; however, in early 1989 the county
made several complaints to Centex about window and exterior
wall leaks, mold growth, and excessive humidity.
The complex was evacuated in December 1992 after more
than 50 percent of its 218 employees developed sick building
syndrome (SBS) symptoms. The jury awarded $14 million
to the county for the existing damage to the courthouse
facilities. |
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