Complaint Against Mold Removal Company Dismissed
April 1, 2005
Tom Mei and Michelle Hancock successfully defended a negligence and breach of contract case brought against a company that removes mold from buildings.
Plaintiff hired Aladdin Companies, Inc. to perform mold remediation work, after several other contractors had already done work there. Plaintiff was unhappy with all work performed by each contractor, and sued, claiming property damage and personal injury due to alleged mold contamination throughout her house. Plaintiff also sued Aladdin on a breach of contract theory.
The case went through extensive discovery and depositions over a period of two years, which included extensive investigation into the Plaintiff's prior medical and psychological history. Due to the length and complexity of the case, a substantial "cost of defense" offer was made to the Plaintiff, who pulled out of the settlement at the last minute. The Plaintiff had also rejected the defense's statutory offer to compromise. The matter proceeded to Trial, and several pre-trial motions were made by the defendants. It became clear during pre-trial motions that the Plaintiff did not have the necessary experts and percipient witnesses to establish a prima facie case for personal injuries due to mold, as specific requirements must be met to prove such a claim. The defendants capitalized on this weakness and made several pre-trial requests and motions, one of which was to dismiss the case. Ultimately the Court agreed and dismissed the complaint in its entirety before the jury was empaneled.