Confidential
Settlement – $100,500Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Robert M. Scherk
(Murchison & Cumming LLP)
Experts
Plaintiff
Connie Jenkins
(technical)
Robert N. Hamburger
(medical)
Defendant
Daniel M. Baxter
(technical)
Ronald A. Simon M.D.
(medical)
Facts
Plaintiff mother and her 6-year-old daughter lived at the defendant apartment for several years. After two
floods in the unit, they began to have problems with mold. Both plaintiffs began to suffer respiratory and other
symptoms which they believed were linked to the unit. The home was tested by three independent testing
services which all found mold problems, including the toxic mold Stachybotrys.
The plaintiffs had to move out of their home. Even after moving out, plaintiffs were still symptomatic for
several months. The plaintiff also suffered property damage as a result of the mold growth and moisture in the
unit.
The plaintiffs brought this action against the defendants based on negligence, breach of implied warranty and
habitability, nuisance and breach of implied covenant of quiet use and enjoyment.
Specials in Evidence
$2,500 (plaintiff mother); $1,500 (plaintiff daughter)
Injuries
The plaintiffs suffered "irritant" effects from the toxic mold growth in their apartment.
Other Information
The settlement was reached 10 months after the case was filed.
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