Facts

In 2004, plaintiff Steve White, age 39, and IT manager, lived in an apartment in Simi Valley for one year. White filed suit against the apartment's owner, defendant LA Indian Oaks LP, and management, defendant AIMCO LP, alleging negligence and breach of the implied warranty of habitability.

Prior to trial, the court granted a defense motion for summary judgment on the issue of notice. After plaintiff's successful appeal, the case was remanded for trial.

PLAINTIFF'S CONTENTIONS:
White contended that the property suffered extensive water damage and excessive humidity, which resulted in mold growth. White contended that an inoperable bathroom fan caused excessive humidity in his bathroom when he showered, which resulted in the growth of red and black mold spots on the ceiling on at least 300 occasions over an eight to nine month period. White claimed that he never reported it because he didn't know what mold looked like. White claimed that he did tell the property manager that he experienced excessive moisture on the walls when he showered, that the bathroom fan was loud, and that he noticed a shower-like smell in the apartment following a flood in an adjacent apartment. White denied that he suffered from chronic sinusitis prior to moving into the apartment.

DEFENDANTS' CONTENTIONS:
The defense contended that there was no evidence that White ever informed his landlord of these issues and White was unable to produce any service orders or requests regarding such complaints at trial. The defense further contended that there was no evidence that the bathroom fan was inoperable and that White failed to designate an HVAC expert to testify at trial concerning this issue. The defense argued that White never informed his landlord of the existence of the red and black spots on his bathroom ceiling. The defense contended that there was no environmental testing performed while White still lived in the apartment. The defense noted that, after three rounds of environmental testing was performed, it was conclusively established that there was no mold problem in the apartment. The defense conceded that evidence of mold growth was discovered in the ceiling cavity two years after White vacated the apartment, but argued that there was no evidence that this condition existed when he lived there, and air testing confirmed that any mold confined to the cavity had not escaped into the airspace. The defense offered the testimony of White's former girlfriend who testified that White suffered from years of chronic sinusitis and that White had been evicted from a prior apartment for creating a dangerous condition after excessive humidity from his fish tank had caused mold growth. The defense contended that this testimony was corroborated, on cross-examination, by the testimony of White's ex-wife.

Settlement Discussions

In 2008, defendants offered $72,501, via C.C.P. section 998.

Specials in Evidence

White sought damages for medical expenses in excess of $264,000. White sought damages for lost past and future earnings in excess of $2 million.

Damages

White sought general damages of several million dollars.

Injuries

According to White, on Dec. 31, 2004, he began to develop flu-like symptoms. A few days later, he saw his primary care physician complaining of sinus pain and a swollen right eye. White was diagnosed with severe bacterial sinusitis and prescribed antibiotics. Over the course of the next week, White's condition worsened culminating in him becoming incoherent and being rushed to the hospital after seizing. On Jan 8, 2005, White was admitted to the hospital and diagnosed with acute bacterial sinusitis, which ruptured causing a subdural empyema, requiring emergency surgery. A week later, White was released from the hospital with a PICC line for ongoing treatment with steroids and antibiotics. However, he was readmitted a week later with associated complications. White contended that he suffered permanent neurological injuries and damage. He contended that he was no longer able to exhibit emotion, except for frequent and unexplained crying spells. White also contended that he suffered memory issues, which affected his ability to perform managerial duties at work and resulting in a demotion. He contended that his relationship with his wife and teenage daughters were permanently scarred. He contended that his injuries were the direct result of allergic fungal sinusitis or an inflammation caused by exposure to mold. The defense contended that White was diagnosed with acute bacterial sinusitis, which is not caused by exposure to mold. The defense contended that White did not meet any of the diagnostic criteria for allergic fungal sinusitis. The defense offered the testimony of White's primary care physician who stated that he was certain that White did not suffer from allergic fungal sinusitis. The defense further argued that for inflammation to have occurred due to mold exposure, White would have had to have been exposed to millions of airborne mold spores. The defense contended that White was exposed to levels no higher than the mold levels outside the apartment.

Result

The jury rendered a verdict for the defense.

Other Information

Defense motions for attorney fees and costs are pending.