John Parker and Nicholas Hart successfully defended a governmental housing authority in Louisville, Kentucky against claims that a resident suffered severe physical injury after years of alleged mold exposure in her public housing apartment. Plaintiff claimed that despite complaining of mold in her apartment for over 7 years, the housing authority failed to properly remediate the hazard. Plaintiff’s alleged injuries included respiratory, cardiac and mental issues. Plaintiff initially sought over $1.8 million in damages, including punitive damages, but after pre-trial motions excluded a number of Plaintiff’s claims, Plaintiff’s demand to the jury was $1.06 million. At trial, the defense took great issue with Plaintiff’s claims of injury and causation. While it appeared mold may have been present in the tenant’s apartment, mold is commonplace in many environments. Furthermore, upon first notice of the possible presence of mold, the housing authority staff immediately addressed the complaint. With regard to the physical effects of mold exposure on the tenant, plaintiff relied on two physicians who discounted or ignored her health history, including chronic morbid obesity. These weaknesses were highlighted on cross-examination. The jury returned a verdict for the housing authority and plaintiff took nothing.
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