Following the construction industry and related legal topics in the United States.

Tuesday, May 9, 2006

Mold is Gold for Dizzy Wake County Employee

A Wake County employee was recently awarded around $1.8 million for permanent dizziness and memory problems caused by mold. Cameron v. Merisel Properties, Inc. (Wake County Superior Court; 01 CvS 013529) appears to be the first North Carolina case resulting in damages for such neurological injuries, which in the past has been limited to allergy and respiratory problems. For construction lawyers, the legal rub is the ruling by the Court that the scientific majority view that neurological injuries from mold is less proven and needs more study goes to the weight of the evidence, not its admissibility.

Water intruded into the windows for several years. The building owner and employer were aware of the leaks and reports of obvious microbial growth and significant levels of toxigenic molds, yet concealed the information from the employee. For building owners and employers, the business rub is to not conceal known mold problems from employees and to act more promptly to protect employees.

The defendant building owner and employer report they are trying to set aside the verdict, and will appeal if unsuccessful. See the April 17, 2006, issue of North Carolina Lawyers Weekly. Stay tuned.


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