Case details

Family’s damages not linked to mold, landlord maintained

SUMMARY

$34000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
face, head, headaches, nose, sinus
FACTS
In August or September 2011, plaintiff Jonathan Ingwell, a man in his 40s, and his wife, plaintiff Carmen Covelli-Ingwell, a stay-at-home mother in her 40s who had previously worked in campaigning, observed mold in their residence and began to have respiratory issues. They had moved into their home at 916 Santa Estella Avenue, in Solana Beach, in July 2007, with their three teenage daughters (plaintiffs Devyn Ingwell, Teaghan Ingwell, and Milan Ingwell) and their teenage son (plaintiff Kian Ingwell). Once they observed the mold in their residence, the couple complained to the property’s owner, Diane Hill. In June 2012, testing verified there was mold. Hill agreed to terminate the lease and the Ingwell family moved out two months later. The Ingwell family sued Hill, alleging that she had known of the mold and concealed the condition from them. The plaintiffs’ air sampling expert testified that testing showed there were dangerous molds in the house. Hill argued that the Ingwell family was in control of the overall condition of the property and that although they made complaints about mold, they took no action to remedy the problem. Hill further claimed that she ultimately decided to terminate the lease for the Ingwell family due to her concern for them, but that the family did not move out until almost two months later. The defense’s expert building inspector testified about the process of obtaining air samples for mold spores in the residence., Covelli-Ingwell claimed she suffered sinus-related symptoms that ceased after she and her family moved from the property. She alleged that while she was suffering from the sinus condition, she was debilitated and could not perform her duties as a mother and wife. She subsequently sought treatment with medication and the assistance of her personal physicians. Covelli-Ingwell also sought litigation consultation with a physician in environmental medicine. The four Ingwell children Devyn Ingwell (21 years old at the time of trial), Teaghan Ingwell (22), Milan Ingwell (19), and Kian Ingwell (18) all claimed that they suffered respiratory issues, headaches, and rashes from the mold. Jonathan Ingwell only sought recovery for his claim of loss of consortium. The Ingwell family contended that 90 percent of their personal effects had to be discarded as a result of the mold, including clothing, bedding, kitchen items, sporting goods, stuffed animals, and other household items. The plaintiffs’ expert property-damage appraiser opined that the damage value was double the amount estimated by the defense’s appraiser. Defense counsel noted that several treating physicians testified that it was inconclusive as to whether there was a connection between the mold and Covelli-Ingwell’s alleged sinus problems. The defense’s expert allergist/immunologist also testified about the lack of causation of Covelli-Ingwell’s sinus-related symptoms. Thus, defense counsel argued, the plaintiffs’ alleged medical were not substantiated by any medical opinion. The defense’s expert property-damage appraiser valued the items of personal property at $42,567, assuming the items had to be discarded.
COURT
Superior Court of San Diego County, San Diego, CA

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