Facts

Carmen Covelli-Ingwell, Devyn Ingwell, Jonathan Ingwell, Kian Ingwell, Teaghan Ingwell and Milan Ingwell sued Diane Hill relating to alleged injuries from mold.

PLAINTIFFS' CONTENTIONS:
Carmen Covelli-Ingwell, her husband Jonathan Ingwell, and their children Devyn, Teaghan, Milan and Kian lived in a home owned by Diane Hill. After seeing mold inside the residence and experiencing respiratory problems, Jonathan and Carmen complained to Hill. Testing confirmed the presence of mold. Hill agreed to terminate the family's lease and they moved out about two months later. They sued Hill, alleging she negligently concealed the mold condition from them.

DEFENDANT'S CONTENTIONS:
Hill argued that the Ingwell's made no effort to resolve the mold problem even though they complained about it and were in control of the property. She also argued that the family did not move out until almost two months after the lease was terminated.

Settlement Discussions

Plaintiffs demanded $275,000 and the defense made a CCP Section 998 offer of 65,000.

Damages

The Ingwell's claimed property damage from having to throw out personal items that were damaged from the mold.

Injuries

Carmen claimed sinus problems and the children claimed they suffered respiratory problems, headaches and rashes. Jonathan claimed loss of consortium.

Result

The jury found Hill 75 percent liable and plaintiffs 25 percent liable. The Ingwell family's damages of $34,000 were reduced to $25,500 after apportionment.

Other Information

The case ultimately settled for $10,000.