Facts

Plaintiff Kassie Ann Wetham lived in a residential property that she rented from defendant.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that defendant landlord failed to hire a mold remediation company to test for mold after a roof leak in 2016. Plaintiff claimed that the leaks began in 2016, 2018 to 2019 and again in 2021 when there was no remediation done.

DEFENDANT'S CONTENTIONS: Defendant claimed that plaintiff's injuries were not caused by mold, as a review of her medical records revealed that plaintiff had a history of chronic sinusitis and rhinitis as well as GERD and gastric issues to explain how she got a fungal ball in her sphenoid sinus. The defense contended that there was no evidence of what mold comprised plaintiff's fungal ball, or what type of mold was found, and that any leak in her apartment at any time was not a substantial factor in her injuries and alleged damages. Plaintiff was a long term tenant who had lived in the subject apartment for 19.5 years and had a month to month lease. She could have moved out and could afford to do so as she had not paid rent since COVID. There was no evidence that plaintiff wanted to move or thought that her apartment was "dangerous" or defective. Further, plaintiff's housekeeping issues contributed to any mold in the apartment.

Damages

Plaintiff asked the jury for an award over $2 million dollars for past and future pain and suffering.

Injuries

Plaintiff claimed the injury of a fungal ball in her sphenoid sinus and complained of headaches, coughing, fatigue, depression, and digestive issues due to a C-diff infection post-surgery that caused diarrhea. She also alleged another sinus surgery in September 2023 was related.

Result

Verdict for $375,000. The jury found past pain and suffering damages for plaintiff for $750,000, but attributed 50% comparative fault to plaintiff, reducing the award.