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CONFIDENTIAL

Sep. 21, 2004

Torts
Landlord and Tenant
Habitability

Confidential

Settlement –  $605,000

Judge

David B. Flinn

Court

Contra Costa Superior


Attorneys

Plaintiff

Larry E. Cook

Stanley J. Casper
(Casper, Meadows, Schwartz & Cook)


Defendant

Fred M. Feller


Experts

Plaintiff

Matthew Smith
(technical)

Alison Teeman
(technical)

Robert G. Cox
(technical)

Facts

Genea Alexander lived in a 52-unit apartment complex in Pinole. In April 2002, Alexander and 64 other residents (34 adults and 31 minors) discovered that mold in their units was toxic. Many of the residents asserted that they experienced allergic reactions and major respiratory symptoms for several years before discovering the cause.

Damages

In addition to damages for health-related injuries, the residents also sought diminution in the value of their rental units and attorney fees.

Injuries

The residents allegedly experienced various injuries related to exposure to toxic mold, including upper respiratory problems, aggravation of asthmatic conditions, allergic reactions, nasal and sinus congestion, and skin irritation. They claimed that many of the children suffered from respiratory conditions that required treatment with inhalers, steroids and other anti-inflammatory medicines.

Other Information

Compensation to each of the 65 residents was based on length of residency and severity of injuries.


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