Case details

Military family claimed base housing’s mold sickened them

SUMMARY

$2045235

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In January 2016, plaintiff Matthew Charvat, a Marine staff sergeant, his wife, plaintiff Leigh Charvat, and the couple’s children, plaintiff Anna Charvat, a minor, and plaintiff Jonathan Charvat, a minor, began the 10th month of their residence in a San Diego-based U.S. Marine Corps military installation’s base-housing facility: Marine Corps Recruit Depot, San Diego. The family claimed that they developed symptoms that included congestion, headaches, breathing difficulties, insomnia and tiredness. They claimed that they discovered mold in the home the following month. The Charvats moved out of their home on April 1, 2016, and they claimed that their symptoms subsequently resolved. The Charvats sued the company that managed residences at the base housing, Lincoln Military Property Management LP, and the property owner, Lincoln Military’s subsidiary, San Diego Family Housing, LLC. The lawsuit alleged that the defendants failed to properly repair and/or maintain the housing. The Charvats claimed that their house had mold in the air vents, crumbling drywall and a damaged roof. They also claimed that the defendants failed to address water damage and elevated levels of moisture inside the home, which could cause mold. They contended that the condition of the home ultimately caused their illness. Defense counsel contended that the Charvats moved into their military housing in late April 2015, but that they did not complain about mold until 10 months later, in February 2016. Counsel contended that the defendants immediately responded to the Charvats’ report of mold, but that the Charvats would not allow the defendants’ employees into their home for 48 hours to view and evaluate the condition. Defense counsel argued that by the time the defendants arrived, no mold could be seen on the HVAC vents and that the Charvats admitted to cleaning at least some of the vents before the defendants were allowed inside the home. Defense counsel contended that the defendants arranged for the entire HVAC system to be cleaned the next day by a third party, who also allegedly did not see mold in the HVAC vents. Counsel also contended that after the vents were cleaned, the Charvats commissioned three independent mold inspections but withheld the reports and information from the defendants, along with additional photos of the conditions. Defense counsel argued that the defendants properly inspected, maintained and repaired the property and that the defendants properly and promptly responded to the Charvats’ reports of mold. Counsel also argued that the defendants’ mold and moisture remediation protocols were analyzed and determined to be exceeding industry standards, and noted that the Charvats eventually moved out of the property just two months after reporting the alleged mold, in early April 2016. Defense counsel argued that the Charvats breached the lease agreement and mold addendum by not informing the defendants that they had obtained mold testing and reports, and by withholding information from the defendants., The Charvat family claimed they suffered nasal issues, congestion, headaches, breathing difficulties, insomnia and tiredness while they lived in the base housing in San Diego. They sought care with multiple physicians, and their medical issues allegedly resolved after they moved. However, they claimed they suffered from emotional distress as a result of the incident. The Charvat family sought recovery of past medical costs, rent, property damage, moving expenses and other out-of-pocket expenses. They also sought recovery of damages for their past emotional and physical pain and suffering. Defense counsel denied that mold caused the Charvats any of their alleged health problems. Counsel contended that nearly all of the medical expenses for which the Charvat family sought recovery were related to allergy testing, and not to actual treatment, but counsel noted that the family’s medical costs were minimal. Defense counsel also contended that the Charvats were not justified in discarding any of their personal property.
COURT
Superior Court of San Diego County, San Diego, CA

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