Contractor Not Liable in Mold Matter

April 1, 2008

Physician plaintiff owned an ocean front condominium in Long Beach.  Plaintiff alleged water intrusion from upstairs unit’s master bath area, resulting in extensive mold and adverse health effects preventing plaintiff from working as a physician.  Our client replaced the upstairs bathtub and shower enclosure.

Following our expert’s testing of the bathtub and shower, Daniel G. Pezold, Michael J. Nunez and Adrian J. Barrio filed a Motion for Summary Judgment, which was joined by a defendant who earlier inspected the upstairs unit. The court granted our motion and the Joinder. The Homeowner’s Association subsequently settled with the plaintiff. The estate of the owner of the upstairs unit proceeded to trial. The time for appeal of the Motion for Summary Judgment has passed.