Judge awards more than $1 million in toxic mold case

By Brian Cole

Published on April 20, 2006

The families sued the landlord saying that improper drainage on the property caused mold to grow inside the external walls of the home. Members of both families, including their children became sick with respiratory problems from exposure to the mold.

A San Diego Superior Court jury found the landlord to be negligent and awarded the families $874,000 to cover medical bills, property damage, and pain and suffering. The judge later raised that amount to $1,026,500 to cover attorney fees and other legal costs.

Toxic mold was found in the exterior walls of the house but not the inside, dividing walls. According to the lawyer for the families, this pointed to an exterior drainage problem and not poor housekeeping on the part of the families.

According to their lawyer, the families could see the mold and became bothered by a "musty smell."

The landlord's lawyer said his client would not appeal the case.

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