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mold detection services, mold dog, canine mold
de tec
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Mold Litigation
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"Mold and Mildew
problems have become more prevalent because of increased
use of cheaper building materials like plasterboard and
plywood, which are more prone to growing black mold when
wet... Mold, as always, is spreading, but so is mold litigation,
to the consternation of the insurance industry."
A state court in Austin, Texas, awarded Melinda Ballard
and her family $32.1 million in a case involving allegedly
extensive black mold and mildew damage to their Dripping
Springs, Texas house. The jury ruled that Farmers Insurance
Group had failed to properly address Ms. Ballard's original
water-damage and black mold claim and committed fraud
in its handling of her claim," noted Christopher
Oster, "Insurers Blanch At Proliferation of Mold
Claims," WALL STREET JOURNAL, June
6, 2001.
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"Toxic black
mold lawsuits are spreading as fast as the fungus among
us… Plaintiff's attorney Alexander Robertson IV,
of Woodland Hills, California, had his first toxic black
mold case in 1994, when he represented an unidentified
actor and his wife whose million-dollar home in Malibu
was overrun with slimy [deadly toxic black mold] Stachybotrys
that was harming their health. The case was settled for
$1.35 million. Robertson has since represented about 1,000
plaintiffs and he fields calls daily from across the country,"
according to Fox News article "Lawsuits Multiply
over the Fungus Among Us" by Adrienne Mand, in an
article dated Oct. 12, 2000.
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LOS ANGELES, CA
— Ed McMahon is suing his home insurance company for $20
million, claiming it botched a simple repair on a broken
pipe and, as a result, allowed a toxic black mold to spread
throughout his Los Angeles home, making his family sick
with black mold symptoms and killing his dog. |
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In a lawsuit filed
April 8 in Los Angeles Superior Court, McMahon, who for
years served as the sidekick for Johnny Carson on NBC's
"Tonight Show," said he, his wife Pamela, and
household staff members have been battling illnesses as
a result of exposure to mold and mildew. He also said
the family dog, Muffin, died as a result of a black mold-induced
infection, reported ABCNEWS Radio's David Alpert from
Los Angeles and Buck Wolf from New York. |
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Centex
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Toxic and non-toxic
black molds and mildew have generated litigation for construction
defects in commercial buildings and for personal injuries
to individuals. The Mold suits have been filed against
contractors involved in the maintainnance of HVAC systems.
One such case involves the Martin County Courthouse in
Florida
(Centex-Rooney Construction Co. Inc et al. v. Martin County,
Florida).
Centex-Rooney entered into a construction management agreement
with Martin County in 1985 to serve as the manager of
construction of the courthouse and adjacent buildings.
Centex assumed complete control over the site and project,
including the selection of all subcontractors and the
management and inspection of all their work. Centex completed
the project in 1988; however, in early 1989 the county
made several complaints to Centex about window and exterior
wall leaks, mold and mildew growth, and excessive humidity.
The complex was evacuated in December 1992 after more
than 50 percent of its 218 employees developed sick building
syndrome (SBS) symptoms due to the toxic black mold. The
jury awarded $14 million to the county for the existing
damage to the courthouse facilities. |
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