Confidential
Settlement – $430,000Judge
Court
Ventura Superior
Attorneys
Plaintiff
Dennis Neil Jones
(Myers, Widders, Gibson, Jones & Feingold LLP)
Defendant
Experts
Plaintiff
James Craner
(medical)
Alan Forbess
(technical)
Facts
The plaintiffs, a family of six, rented a home in Camarillo, beginning in July 1998. They later noticed mold growing inside the residence, which they reported to the landlord. The landlord initially told the tenants to wipe the walls with a water and bleach mixture, then spray a product called "Expel" on the walls. Each time the tenants tried this, the mold returned. One day, visible mold was discovered on the infant plaintiff's bedding, dolls and clothing. Both adults and all four children developed respiratory problems. The children were diagnosed with asthma and testing revealed that all four children were allergic to mold. Eventually, the landlord hired an environmental professional who confirmed the presence of toxic mold in the house, the uninhabitability of the subject property and the need for extensive remediation. The landlord's insurance company agreed to pay for remediation of whatever personal property owned by the plaintiffs could be safely cleaned. Much of the family's clothing, bedding and furniture had to be thrown away. The landlord hired a remediation contractor to perform that remediation, at his insurance company's expense. After the plaintiffs moved into another home, their respiratory problems did not abate. They later discovered that their new residence had been cross-contaminated by a box of moldy videotapes that the remediation contractor had purportedly cleaned and cleared to be moved.
Settlement Discussions
The plaintiff made a policy limits demand of $300,000 to the landlords, which was accepted. The remaining $130,000 was paid on behalf of the landlord's remediation contractor.
Specials in Evidence
$20,000
Damages
$34,178 property damage to furniture and clothing and $41,000 rent reimbursement
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