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Re: Orange County Jury Delivers Defense Verdict in Mold Case
Posted by Rem Dude on 11/05/08

    Apparently whoever the experts were, they convinced a jury. I would
    say they were at least persuasive.

    OR, maybe the remediators did do their job properly and maybe the
    plaintiffs were simply attempting to file a frivolous suit without
    merit.

    Litigating mold health related claims has met little success of
    late. I wonder why that is???

    RD

    On 11/05/08, Sharon wrote:
    > Deano,
    >
    > Did you read the whole thing? Had the defense attorney's email at
    > the bottom. Kind of think there may be more to this story than
    > what was written on that page.
    >
    > And "heightened sensory perception", another term for that would
    > be "hypersensitivity" or "allergy". Those are recognized medical
    > conditions, eh?
    >
    > Do you know anything about this case in detail? Sounds to me like
    > there was a water damage problem. The isurer sent out an el
    cheapo
    > remediator. The people got sick. And everyone tried to run from
    > responsibility.
    >
    > But who knows what happened between sending the el cheapo
    > remediator and the end of this trial.
    >
    > Wonder who the experts were?
    >
    > Sharon
    >
    >
    >
    >
    >
    >
    >
    > On 11/05/08, Deano wrote:
    >> Sharon:
    >>
    >> I would not wonder too much. This pretty much sounds like a
    >> plaintiff train-wreck to me:
    >>
    >> “Significant testimony focused on Mr. Blessley's claim of
    >> alleged toxic mold in his house based in part on the opinions
    >> provided by his expert/general contractor David Christakes, who
    >> claims he has a heightened sensory perception that enables him
    >> to "smell mold" in a house regardless of whether or not it is
    >> visible. In addition, Plaintiffs relied heavily on expert Joe
    >> Spurgeon, Ph.D. who in deposition denied he observed mold at the
    >> property, and surprised all when he testified at trial that he
    >> observed "mold-like substances" throughout the residence.”
    >>
    >> Heightened sensory mold-smellers are always good for a good
    >> laugh. Experts who are stupid enough to contradict previous
    >> testimony are just pathetic.
    >>
    >>
    >>
    >> On 11/05/08, Sharon wrote:
    >>> Was hoping someone knew more about this case. Sounds to me
    >>> like the ole bait and switch, where the insurer sends a
    >> shoddy,
    >>> cheap remediator. Then has the client sign the work order so
    >>> it looks like the homeowner contracted directly and the
    >> insurer
    >>> has no responsibility. They do it ALL the time. One of the
    >>> oldest laws on the books is that an insurer is responsible for
    >>> further damage, if further damaged occurs during the rescue of
    >>> an item in peril. Comes from shipping days of old.
    >>>
    >>> But..in Califorina, there was this case Rattan vs. USAA that
    >>> was a horrid case that set bad case law directly opposing 530
    >>> and 531 (forget if it is CCP or what). I wonder if that was
    >> an
    >>> element of this case.
    >>>
    >>>


     
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