Facts

The plaintiffs lived in a duplex owned by the defendant. The plaintiffs claimed personal injuries were a result of mold being allowed to accumulate on the property they were living in. All plaintiffs suffered from breathing difficulties and other symptoms on a regular basis.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the defendant never revealed to the plaintiffs that there had been a previous mold issue prior to their moving in. That the defendant negligently maintained the premises by allowing mold to exist and failing to remove the mold. This created an unsafe living environment, which resulted in plaintiffs' serious physical injuries. The plaintiffs also contended that the defendant had actual notice of the dangerous condition but was negligent in adequately warning the plaintiffs in a timely fashion of the dangers they faced due to his inaction.

Injuries

Manuel Halfon was diagnosed with mold exposure and recurrent sinus infections with sinus headaches secondary to mold exposure. He was also diagnosed with a septal deviation and hypertrophied turbinate, which required surgery. Carolyne Halfon was diagnosed with unilateral tonsil hypertrophy, mold exposure, asthma, and shortness of breath. Nicholas Halfon was diagnosed with being allergic to mold, among other things, and mold exposure. Stephanie Tavyd was diagnosed with status post mold exposure, new onset of asthma with shortness of breath secondary to mold exposure and nasal congestion. She also had watery eyes, headaches, diarrhea, joint pain, depression, and anxiety. Alyssa Johnson was diagnosed with mold exposure and severe asthma, exacerbated by mold exposure. Dale Johnson was diagnosed with mold exposure, seasonal allergies and asthma exacerbated by mold exposure.

Result

The case was settled at a mediation before Michael Moorhead at Judicate West for $150,000 gross settlement from all defendants. A previous defendant settled for $45,000 at the initial stages of litigation.