IEQ Review
April 26, 2005 Mold Cleanup Delay Takes Toll on Federal Court   Volume 1 Issue 157  
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Court Hears Both Sides In Mold Dispute
by Chuck Mueller, Staff Writer, SBSun.com

 
Two families await a ruling on clashing claims of liability stemming from a Barstow woman's claim that a mobile home acquired last year is uninhabitable because of mold contamination.
 
Victorville Superior Court Commissioner Patrick Singer took the case under submission Friday after hearing opposing arguments in small claims court.
 
Barstow resident Richelle Predmore claims she cannot live in the 1987 mobile home because of mold that a certified specialist in mold inspection and remediation confirmed. She seeks $4,420, in part to reimburse payments made "for something unmarketable.'
 
In a counter claim, Tennessee residents Mitchell and Cassandra Scott, who sold the single-wide mobile home to Predmore on March 31, 2004, are asking for $5,000 for payments due on the purchase price as well as damages to the unit's bedroom wall and costs to replace carpets, outside skirting and screens.
 
"That stuff affected my mind ... (and) I couldn't live there,' Predmore said. "Now I just want to recover my payments so I can move on with my life.'
 
Cassandra Scott said Predmore never mentioned problems with the mobile home.
 
"I learned of the mold when Richelle put a stop payment on the January payment,' she said.
 
Predmore, 46, and her teenage daughter, Sarah, lived in the single-wide unit from early April 2004 to mid-December. The mother said the two moved out after suffering sore throats and headaches.
 
In early November, Sarah discovered what appeared to be black mold in the bathroom. Outside, a wall bulged like a large bubble.
 
Barstow resident Linda Scott, Cassandra's mother-in-law, said, "We didn't know anything about any mold when we sold it.'
 
Singer asked Predmore if she had been diagnosed for illness related to the mold.
 
"I have papers from my doctor, but not with me,' she replied.
 
Predmore noted, however, she is a cancer survivor.
 
"Cancer compromised my immune system,' she said.
 
After Predmore and Sarah moved from the mobile home, the unit's lock was changed by Linda Scott, acting as Mitchell and Cassandra Scott's local agent.
 
The court commissioner said the Scotts had no legal right to change the lock.
 
"In effect, you repossessed the mobile home, ending the sales agreement (with Predmore),' Singer said.
 
Cassandra Scott, an asthmatic who previously lived in the mobile home for 2 years with her daughter, said neither she nor the girl suffered from health problems connected to mold.
 
A certified mold testing and remediation specialist, hired by Predmore, said exposure and tolerance levels for mold often differ among individuals.
 
"It depends on people's physical makeup,' said Joe Crotinger, based in Oak Hills. "Mold reacts in different ways with different people.'
 
After inspecting the mobile home, Crotinger concluded that interior levels of mold were three times the exterior levels.
 
"This indicates active (mold) colonization occurring within the home,' he said.
 
In a report, Crotinger said there was visible rot in the paneling in the small and large bedrooms, at the rear door and at the washer connection in the hall.
 
A mold analysis prepared by Pro-Lab, a Florida environmental service, showed a spore count in the mobile home of 640 spores per cubic meter, including a count of 360 spores for penicillum/aspergillus.
 
The report indicated that penicillum/aspergillis molds, common to indoor environments, is a cause of extrinsic asthma and could lead in chronic cases to pulmonary emphysema.
 
"Based on the mold test results and the visual inspection, it is my opinion that this dwelling has sufficient levels of mold to indicate a possible health concern for the elderly, very young children and persons with immune-deficiency issues,' Crotinger concluded. 
 

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