After a 12 day trial spread over the course of two months, Burnham Brown Partners Richard Finn and Charles Alfonzo obtained a unanimous defense verdict on behalf of national plumbing contractor, RCR Plumbing, Inc. In this closely watched mold personal injury case, plaintiff claimed that plumbing leaks in and above his condominium resulted in elevated levels of stachybotrys, pennicillium, and aspergillus mold in air samples and that exposure to these molds caused exacerbations of asthma requiring a three week hospitalization in 2002 and another hospitalization in late 2003. Just prior to commencing trial, plaintiff settled with the general contractor for a monetary sum and assignment of the general contractor's indemnity rights under the subcontract. Plaintiff also settled with a mold remediation company that he claimed failed to properly remediate his condominium.
At trial plaintiff presented expert testimony that water intrusion and mold growth resulted from plumbing leaks under his sink and from above his kitchen ceiling. Plaintiff's treating physician testified that while plaintiff had previously been diagnosed with asthma it was well under control until the purported plumbing leaks and mold occurred. At that time plaintiff's medications were increased and he was twice hospitalized. The treating physician also testified that plaintiff's symptoms were better outside of his condominium than inside and that plaintiff's asthma was once again under control once the condominium was remediated and mold removed. Additionally, plaintiff produced expert testimony on ventilation asserting that the mold species found in the kitchen ceiling would travel from that location into the interior living environment.
Defendant countered the negligence issues by demonstrating that the plumbing system did not leak when it left the control of RCR Plumbing, that the leak and damage under the sink was fixed immediately with no resultant mold growth, and that the pattern of staining and mold growth in the kitchen ceiling was inconsistent with leaks from pipes and was actually from an unknown source of water from the unit above. The medical causation issue was countered by demonstrating that the mechanism for exacerbation of asthma from exposure to mold is based on allergy and that plaintiff was not allergic to mold. Additionally, defendant demonstrated that mold trapped within the ceiling cavity or behind the walls would not contribute in any significant fashion to the indoor air quality.
The jury returned a unanimous verdict on behalf of RCR Plumbing finding no evidence of negligence and stating that there was insufficient evidence that the hospitalizations and exacerbations of asthma were related to mold in the unit.