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Mold Lawsuit Lost: Plaintiff Found Negligent

Santa Barbara Jury Returns Defense Verdict in Complex Asbestos/Mold Exposure Case

Mold lawsuits are evolving.  Owners are getting smarter about what to do to protect themselves.  Here is a closely watched trial which was debated by the jury in less than a day. StopMoldCold wants to give you a sense of what is out there in regards to mold lawsuits.  Notice that this is also linked to asbestos exposure.

Mold Lawsuit:  12-0 Defense Verdict

SANTA BARBARA, Calif., May 13, 2013 –/PRNewswire-USNewswire/ — Following a 9 week trial, a Santa Barbara jury returned a 12-0 defense verdict in a closely-watched case involving complex claims of bodily injuries and economic damages in a mold exposure and asbestos case.  Victoria Ersoff and Uyen Nguyen with Wood Smith Henning & Berman LLP represented the defendants.

Plaintiffs Inger Budke, William Budke and children sued the Housing Authority of the City of Santa Barbara, its Executive Director/CEO; Deputy Executive Director/COO; and Director of Property & Development for bodily injuries, emotional distress, property damage, loss of consortium and economic losses allegedly stemming from exposure to mold and asbestos in a senior housing community.

Mold Lawsuit:  Adverse Health Due to Uninhabitable Apartment

Inger Budke worked as the Resident Coordinator at the apartments owned by Defendants.  Budke lived there with her family.  Budke accused Defendants of failing to remediate conditions in the apartment rendering it uninhabitable. Plaintiffs alleged that Defendants didn’t properly train maintenance crew regarding identification and remediation of mold and asbestos, and violated asbestos regulations in their maintenance and remediation work property-wide.  Plaintiffs alleged adverse health conditions due to living in an uninhabitable apartment. They claimed that their daughters developed asthma and severe allergies, and that their youngest daughter was born with severe neuro-cognitive and neuro-behavioral deficits as a result of conditions in the apartment.

“Strategically crafted motions in limine and a full week of 402 hearings resulted in all neurological, neurobehavioral and psychological claims being dismissed by the Court.  All evidence relating to mycotoxins and poisons was likewise dismissed.” Essentially, all their arguments were thrown out.

Quick Decision:  Plaintiff Negligent

Plaintiffs took seven weeks to present their case to the jury.  “We knew we had a smart jury and, with such a long trial, we made the strategic decision to cut our witness list in half and present our entire case in only eight days,” said Wood, Smith, Henning & Berman lead trial attorney Victoria Ersoff.  After deliberating less than one day, the jury returned with a verdict for the Defense.  They also found Plaintiff Inger Budke to be “contributorily negligent.”

In the end, the Plaintiffs will receive nothing and will have to pay WSHB’s Client’s attorney’s fees and costs. The jury made this decision in less than a day.

StopMoldCold Comments:  It seems that the Plaintiffs were trying to milk the system. If they were found negligent and “contributorily negligent”, they obviously helped to create the very conditions that they complained about.  Just guessing as I was not at the trial…  What do you think?  However, mold exposure and asbestos exposure can certainly cause health problems.

Here is a video of what mold exposure can do and how forensic toxicology can help.

SOURCE Wood Smith Henning & Berman LLP

By Wood Smith Henning & Berman LLP

Published: Monday, May. 13, 2013 – 6:06 am

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3 responses to “Mold Lawsuit Lost: Plaintiff Found Negligent”

  1. […] Essentials  Blog Comments:   Click Here Website:  Article Tag(s):  mold lawsuit, mold exposure, asbestos exposure, […]

  2. You made some decent points there. I did a search on the topic and found most individuals will approve with your website.

    • There are times when the landlord is negligent and there are also times when tenants are just trying to make some money. In the end, why would you put your family in jeopardy?

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