Post: Judge Acree stands by previous court order in mold hearing
Posted by LawMed195 on 5/15/08
Judge Acree stands by previous court order in mold hearing
By Sabrina Bates, Chief Staff Writer, Jackson, TN After hearing nearly two days of testimony, 27th Judicial
District Circuit Court Judge William Acree stood by his
February order to have a local public high school
remediated of mold.
The judge determined on Tuesday during a temporary
injunction hearing that the Weakley County Board of
Education had acknowledged the presence of mold inside of
Westview High School. He also said the Board planned
to “fix” the problems, although a formal written plan had
not yet been submitted to the court. The hearing was a
request by Carol Hinman of Martin to cease operations at
the school until the building was rid of what was
considered by some to be “toxic mold.”
Hinman has filed suit against the Weakley County Board of
Education with claims that two of her children who attended
the Martin high school had suffered medical affects due to
mold contamination inside the building.
Acree ordered Jason Pannu, attorney for the school board,
to submit a written plan describing steps that will be used
to remediate the public school.
During testimony by Dr. Elliott Horner on Tuesday it was
revealed that WHS did have water infiltration issues that
led to high levels of moisture throughout the building.
Horner also noted that he found “visible mold growth” in
the building and had recommended the school be remediated.
Hinman’s attorney Larry Parrish of Memphis asked Horner why
there was no remediation plan after the mycologist found
mold growth inside the building last August.
“I did discuss this with my client, Mr. Pannu. Those
recommendations were passed on to him,” Horner replied.
Horner never clarified throughout his testimony, how much
mold a building can house before it becomes “excessive” or
poses a health threat to its occupants. The mycologist, who
is employed through Air Quality Sciences of Georgia, was
hired by Pannu to conduct a joint inspection of Westview
High School for signs of mold growth last August. Dr.
Richard Lipsey performed source sampling on behalf of the
plaintiffs alongside Horner in August.
According to Lipsey’s report, certain types of mold growth
deemed to toxic in “excessive” amounts including
Stachybotrys, Cladosporium and Aspergillus were found in
areas of the high school.
Acree ordered the Board of Education to begin
immediate “temporary” remediation efforts at the school
with permanent remedial measures to be taken by the Board
during the students’ summer break. The circuit court judge
heard testimony Monday and Tuesday that described the
progress made on remediation efforts.
Horner testified that at least one wing of the building had
been remediated while half of the HVAC system’s insulation
covering the duct piping had been replaced. It was
discovered during February’s hearing that the insulation on
the duct pipes had posed condensation issues, which in turn
lead to mold growth on ceiling tiles in areas throughout
the school.
Westview High School uses a chiller system to cool the
building. Previous testimony cited the system had not
properly functioned and dampers used to control fresh air
intake had been disconnected.
Acree stood by his order to have the entire HVAC system at
the school inspected.
Architectural consultant James Kavanagh testified on Monday
after an inspection of the building, engineering measures
such as a regrading around the school building to
open “weep holes” and gable replacement need to take place
as long-term solutions to eliminate further water
infiltration.
In reference to the temporary injunction hearing for Martin
Middle School, Horner testified there was not enough
evidence to determine if the building would require further
mold sampling to take place. He did advise general
housekeeping issues have contributed to dust build-up
inside the school and recommended a top to bottom thorough
cleaning of MMS. After a clean-up, Horner said a visual
inspection would be sufficient to determine if there is
mold growth inside the middle school.
Acree agreed to Horner’s recommendation.
“We are very pleased. We are very happy with the judge’s
recommendations. These steps are all good steps that are
beneficial for all parties involved,” Amber Griffin, a
member of the legal team for the Hinman family, commented
after Acree’s ruling on Tuesday.
Pannu said he would handle the written plan to present to
the judge immediately. He added the Board would then take
the proper steps through the Weakley County Commission to
put out bids for the remedial work to take place this
summer.
Two families have sued the Board with claims their children
have become ill as a result of contact with mold throughout
Westview. Griffin said she would continue with the
litigation through discovery. Both Hinman and the Joost
family, who filed the first suit against Weakley County
Superintendent of Schools Richard Barber, the Weakley
County Board of Education and Weakley County as a
government entity, are requesting jury trials for the
pending litigation.WCP 5.15.08 Amber Griffin, Attorney, Parrish & Shaw
The Crescent Center, 6507 Poplar Ave Suite 420, Memphis,
TN 38119
Phone: (901) 767-8000, Fax: (901) 767-7618, Email:
amber@parrishandshaw.com
Posts on this thread, including this one
Judge Acree stands by previous court order in mold hearing , 5/15/08, by LawMed195.
Re: Judge Acree stands by previous court order in mold heari, 5/15/08, by Rem Dude.
Re: Judge Acree stands by previous court order in mold heari, 5/15/08, by Sharon.
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