Case details

Alleged injuries not related to mold exposure, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
anxiety, cognition, depression, hearing, loss of, mental, psychological, sensory, speech
FACTS
In October 2015, plaintiff Bryan Sager, a fashion retailer in his 40s, went out on disability for depression and anxiety, which he claimed was a result of exposure to mold at an apartment building where he lived in Long Beach. Sager sued the owner of the building, J-Mar Investment Co.; the owner of J-Mar Investment, Walter Watson; the property manager for the building, Entourage Property Management LLC; and the owner of Entourage Property Management, Lawrence Guesno. Sage alleged that the defendants’ actions constituted negligence, breach of the implied warranty of habitability and a nuisance. Sager claimed that he reported leaks in his ceiling, and mold in his cabinets and walls, but that the defendants failed to take any corrective action, causing him to develop depression and anxiety as a result of his continued exposure to the mold. Defense counsel contended that Sager’s apartment had water leaks that required minor repairs, but that any mold present did not approach harmful levels. Counsel also contended that the water leaks in Sager’s apartment began in January 2016 and that a mold report was done in March 2016. As such, defense counsel disputed Sager’s contentions that mold existed prior to the water leaks that caused it. , Sager claimed that he suffered from depression, anxiety and post-traumatic stress disorder as a result of his exposure to mold. He also claimed that he suffered from memory loss, “foggy brain,” hearing loss, allergic reactions and respiratory issues. He alleged that as a result, he needed to go on disability in October 2015. Sager, who was 45 at the time of trial, sought recovery of lost earnings, medical costs, and damages for his alleged pain and suffering. Defense counsel contended that Sager’s depression and anxiety were extensive and pre-dated his disability leave. Counsel also contended that Sager previously claimed his disability leave was due to workplace harassment from his superior. In addition, defense counsel argued that Sager did not suffer any physical or mental health conditions as a result of mold exposure.
COURT
Superior Court of Los Angeles County, Pasadena, CA

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