Facts

Defendant Environmental Management Solutions Inc. (EMS), a certified mold remediator, was hired by plaintiff Maria Harris to remove mold in two areas of her home identified by the certified mold inspector. Plaintiff entered into a contract with EMS. Five of the plaintiffs lived in the home for less than 60 days after EMS remediated the mold.

Defendant Dennis Butcher is the Vice President and General Manager who negotiated and oversaw the remediation project.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendants failed to remediate the mold as promised and that plaintiffs were exposed to mold for the less than 60 days they lived at the property as the result of EMS's negligence. Plaintiffs claimed the house was a total loss and that two minor plaintiffs were made ill by the mold and would require more than $1.1 million in future medical expenses.

DEFENDANTS' CONTENTIONS:
Defendants contended that they followed the contract and properly performed remediation and removed the mold in the two areas of the house identified in the contract. Defendants also contended that none of the plaintiffs were injured. Defendants claimed that there was no indication that the plaintiffs' injuries, if any, were related to any conduct of the defendants.

Specials in Evidence

$1,000 $1.1 million

Injuries

One plaintiff claimed an exacerbation of asthma resulting in the necessity of over $500,000 in future medical care. Another plaintiff alleged the onset of asthma and dust mite allergy, which would require more than $600,000 in future medical care.

Result

Nonsuit was entered in favor of Environmental Management Solutions Inc.

Other Information

Plaintiffs dismissed their claims against Dennis Butcher, with prejudice, in exchange for a waiver of costs. As to the remainder of the lawsuit against Environmental Management Solutions Inc., defendant moved for a nonsuit as to all remaining causes of action, which the court granted. FILING DATE: Jan. 6, 2010.