Mold-n-Musty, Told-n-Trusty!

Case tried by Michael Moore, TLC July 2010

After 3.5 years this case had grown some mold. Wait, this case is about mold! I was approached by another San Diego attorney 1 week before his trial call to help try a mold case.

A 50 year old gay man and his mother lived in a condo. One day, they discover mushrooms growing the carpet. They discover a leak under the kitchen sink. Property manager is called, who then calls plumber. Plumber arrives next day, opens a hole in the wall exposing mold and a nasty stench. Next morning man has respiratory attack, mother is fine. He freaks out so badly from the respitatory attack, he flees the condo and drives to a local airport - to be in an open area. He doesn’t think about his mother until a couple hours later, then he calls and finds out she is fine. They move out of condo that day.

Man does not go to hospital for about a month. During the next two years, he starts complaining of all kinds of ailments from memory loss, gastrointestinal issues, skin rashes, aching joints, respiratory issues, and many other ailments. Man is one pack a day smoker. Man also saw psychologist who never took history but diagnosed man with PTSD FEATURES, but would not commit to PTSD diagnosis. Total in past medical bills is about $30k plus $8k for psych.

Clients have condo tested a few weeks after exposure. Test results show elevated levels of mold (defense argues that’s because mold had time to grow/spread during that time) and no one should live there until problem is remediated. They left their personal property there when they moved and demand owner clean the property. Owner hires company to clean and move property - well the property is moved but never properly cleaned. So there is claim for loss of property of $38k.

Cased worked up by prominent San Diego firm, who dumps case and clients after plaintiffs’ designated medical expert testifies in video deposition that plaintiffs claimed ailments are NOT the result of mold exposure - this is on video and is shown during opening statement. All defense experts say the same thing. And defense psych found plaintiff to be histrionic and a malingerer.

Our treating doctor said that the rhinitis was related to mold exposure and most of the other stuff is psychosomatic. And plaintiff tested positive on intra-dermal test for mold allergy. All doctors, including plaintiff’s testify Plaintiff (man) is histrionic.

Property managers are sued as well as the owner. But client (man) is also property manager by profession. Trial got continued for 3 months, so we were able to use TLC techniques to discover the story and do a focus group. We discovered mother didn’t get sick because she was on sporanox because of a previous mold exposure at her work. We discovered plaintiffs expert that was testifying against us, had actually been business partners with defendants mold expert. Also discovered many wonderful things about plaintiffs and what great humans they are - this helped me so much. Did reenactments in preping for trial and did one in opening.

Had client coming down to well to do reenactment during his direct, but was hesitant and judge asked is this really going to help you testify and he said, well I could probably do it sitting as well. So judge directed him back to stand. Voir dire: I start off talking about my biggest fear - the plaintiffs’ expert video tape depo. I say some stuff then ask a question. No one says anything. Next I say, I’m really nervous now because none of you are responding. Still no response. Then I ask, “can someone please help me” and BAM they start talking. It was fricking amazing that my call for help was answered. The person who started talking first became our foreperson.

Offer before trial was 8k. Verdict was for $232k - plus we beat plaintiffs’ 998 so we’ll get costs including expert fees. Male client cried during reading of the verdict - he was so happy.

Wore my medicine bag everyday, its a little discolored after this trial, maybe from my sweat! 2 for 2 since graduating from TLC 2010; on cases dumped by the original plaintiff attorneys. TLC has changed my life and helped me find justice for those who had been abandoned.