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Re: Orange County Jury Delivers Defense Verdict in Mold Case
Posted by Deano on 11/06/08

    Sharon:

    What is laughable is the fact (if it is indeed a fact) that “smelling
    mold” was offered as testimony in court. Whether or not the general
    contractor can smell mold with special sensory powers is really beside
    the point. It can’t be quantified or proven. In other words, it’s
    useless testimony, and only strengthens the perception that some
    plaintiffs (especially rich ones) may be kooks. And that they hire lazy
    attorneys.

    A minor point RE: the article; no mention of illness, although it could
    be assumed, I suppose. And if this is a defense article, then it should
    not be a surprise that this was not mentioned:

    “As a result of the alleged improper dry-out, H. Webb and Donna Blessley
    claimed "toxic" mold and water damage caused significant property damage
    to their ocean view property.”


    On 11/06/08, Sharon wrote:
    > Deano,
    >
    > Without really knowing the case, your evaluation is about the same as
    > mine. With two exceptions: The article does mention that the family
    > was claiming illness from the exposure, as I recall reading. And your
    > interpretation of “heightened sensory perception”. I would be willing
    > to bet money on this one that, as an expert, that is not the only
    > testimony given by this gentleman - merely the only aspect the defense
    > firm chose to highlight in their writing of the matter in a derogatory
    > form. "Heightened sensory perception" is just another term for
    > hypersensitivity, which IS a well recognised medical condition. Not
    > laughable at all.
    >
    > Have to wait and see what Harris Martin's take is on the case. Who
    > knows what happened between the time of the botched remediation and
    the
    > conclusion of trial.
    >
    >
    >
    >


     
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