$2,200,000 – Fifteen Tenants in a Large Apartment Complex win Settlement Against Landlord Based on Mold Exposure and Fraud

Plaintiffs were 15 tenants of various ages living in a several-hundred-unit apartment building. The tenants became ill and did not know why. Through the investigative work of two of the tenants, they learned that their illnesses may have been caused by exposure to mold in the apartment building. The tenants then formed a group and retained Winer, McKenna, Burritt & Tillis LLP to represent them in a case against the landlord.

Through a thorough investigation, the law firm learned that the managers and owners of the building knew of the mold exposure for many years and, in fact, had sued the builders of the building to recover property damage caused by the inadequate construction that caused the mold exposure.

Winer, McKenna, Burritt & Tillis LLP, was then able to uncover the fact that once the owners settled their lawsuit against the builders they attempted to make repairs without adequately informing the tenants of the risk to their health that would be potentially caused by the mold exposure.

The landlord defended the case by alleging that there was no need to inform the tenants of the health risk from mold exposure because there was no known health risk and, in fact, plaintiffs could not establish that the illnesses that they suffered were, in fact, caused by mold exposure.

In addition to retaining a number of prominent experts in the fields of construction and mold-related illness, Winer, McKenna, Burritt & Tillis LLP, retained the services of a company called “Juris Productions” that produced a 25-minute, “60 Minutes style” video for settlement purposes that highlighted the fraud of the landlord and demonstrated how that fraud had wreaked havoc on the lives of the tenants.

RESULT:
Settlement on behalf of tenants, $2,200,000