Vehicle allegedly contaminated with toxic mold
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Motorists Sues GM for Toxic Mold in SUV
Mold in sinus cavities allegedly linked to mold in SUV
by MEALEY'S Emerging Toxic Torts
Contact:
Vik Ahuja
(800) 422-7873, ext. 804
VAhuja@PureAirControls.com
April 22, 2002
General Motors Faces North Carolina Mold Suit
BOONE, N.C. -- A North Carolina motorist sued General Motors Corp. on March 15, alleging that his sport utility vehicle (SUV) was contaminated with toxic mold, causing mold and yeast to grow inside of his sinus cavities (Timothy E. Greene, et al. v. General Motors Corp., et al., No. 02CV156, N.C. Super., Watauga Co.).
(Complaint available. Document #42-020501-101C.)
Timothy Greene sued GM and Mack Brown Inc. in Watauga County, N.C., Superior Court. GM designs, manufactures, markets and promotes the Cadillac Escalade SUV bought by Greene. Mack Brown is the dealership where Greene purchased the SUV.
Before the sale of the 1999 SUV, the dealership used the vehicle as a demonstrator vehicle. Although the SUV had more than 14,000 miles on it at the time of sale on May 17, 2000, Greene says the dealership and GMC provided all warranties, express and implied, associated with a new vehicle of the same make and model.
In June or July of 2000, Greene maintains that he noticed a foul odor in the vehicle and later discovered moisture on the floor of the vehicle. Greene says he returned the SUV for repair that same month, and the SUV was returned to him in September or October of that year.
It was eventually determined that mold and yeast were growing inside of Greene's sinus cavities, he says. Illnesses alleged include fatigue, migraine headaches lasting 12 to 15 hours, earaches, loss of ability to taste, body tremors, dizziness, memory loss and confusion, irregular urination, sinus problems and respiratory problems. Greene maintains that he will suffer from these illnesses for the remainder of his life.
Claims asserted against GM include unfair and deceptive trade practices, negligence, common law fraud, breach of warranty, punitive damages, intentional infliction of emotional distress and breach of contract. Claims asserted against the dealership include unfair and deceptive trade practices, negligence, common law fraud, intentional infliction of emotional distress and breach of contract. A loss of consortium claim is also asserted on behalf of Greene's wife.
Copyright 2002, LexisNexis, Division of Reed Elsevier Inc., All Rights Reserved
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Contact:
Vik Ahuja
(800) 422-7873, ext. 804
VAhuja@PureAirControls.com
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