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Post: How can this happen?Posted by Crystal on 4/21/08
This lawsuit was filed in Baton Rouge, LA. (East Baton
Rouge Parish). Three years ago my daughter, myself and her
one year old baby moved into an apartment complex. This is
a mixed use apartment complex and we had no idea at
that time that mixed use developments existed. This
should not even matter as far as the lawsuit is concerned
but now it may seem to play a crucial role (as you will
see later). Two months after we moved in a leak from the
upstairs bath was "raining" down into the living room.
Management did not respond until the third complaint.
Maintenance came and opened a hole in the ceiling and then
returned the next day to "repair" the leak. The hole in
the ceiling had a very strong musty smell. I had noticed
a funny smell every once and a while since we moved in but
did not know what it was. We started to feel sick the next
morning so my daughter and the baby left until the ceiling
was repaired. In the two months since we moved in the air
vents had become almost completely covered with a black
and brownish thick growth. The smell was getting stronger
daily especially when the a/c came on. When we moved out
two months later everything was covered with a blackish
sticky film. Mold was growing on things just from being in
the apartment with the air blowing on them. Mold was
starting to grow on the inside of the windows. When you
wet your hair to wash it you smelled mold washing out. The
carpet was sticky. We had never heard of anything like
this. I still have not read anything that describes what
this is like. I don't think I would have understood how
horrible that situation is if I had not experienced it.
Between us asking management to have testing done and
their "suggestion" we just move, this gets much more
involved. When we asked again that they address the
issues, we were threatened with "You don't know who owns
this place do you." We then had professional mold testing
performed through an attorney which prove a rather extreme
health and safety issue that had to have been known to
management. Perhaps that was the reason for their very
rude and unbelievable behavior. A lawsuit was filed. Now
it is three years later and the defendants filed for a
motion for summary judgement. The professional reports,
lab work, photos, depositions, etc. are very clear there
is evidence of fraud and if proven in our favor this could
be an extremely expensive project to fix and more lawsuits
could possibly result. When this motion comes before the
judge (who is determine if there is enough evidence to go
to trial) it just so happens this property has just
received $17,000,000 through the Louisiana Housing Finance
Agency for refurbishing, etc. The judge states he did not
even read all of the documents submitted to him (which I
believe is his job and has to do with my rights as a
citizen in this country) and grants the motion for summary
judgement. Did I mention his wife is the new Governor of
Administration and on the State Bond Commission? Of course
we are going to appeal with the added fact that the judge
admitted he did not read everything. Now I am just hoping
all of this was a horrible nightmare and the legal system
is there for me through the appeal process. I am just
trying to get some feedback. I thought maybe if this
information were to find its way into the right places it
might help me. I am still in shock thinking that all of
this is a little to coincidental and could affect my right
to use the court system. There are people in that
apartment complex now and the professional testing we had
done reported that under no circumstances should anyone
move into that apartment until certain measures were
taken. That was not done. The buildings were partially
constructed in the 1980's then left in the elements for
years until finished. These types of developments have
state and federal compliance laws they have to comply with
but perhaps things get overlooked.
Posts on this thread, including this one
How can this happen?, 4/21/08, by Crystal.
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