The U-S Supreme Court ruled today against Virginia renters who claimed that toxic mold in their apartment building made them sick.
 
The decision clarifies where personal injury cases should be heard.
 
The unanimous court says the federal appeals court in Richmond was wrong to insist that a Virginia subsidiary of the apartment manager, Texas-based Lincoln Property, should share responsibility in defending the lawsuit.
 
Under federal rules, a defendant has a right to "remove" a case from state to federal court when the two parties are citizens of different states and the claimed damages exceed 75-thousand dollars.
 
Christophe and Juanita Roche (rohsh) sued Lincoln Property in Virginia state court over exposure to toxic mold in their apartment in Centreville.
 
The company wanted the case transferred to federal court, where it was dismissed. When the Roches asked the trial court to send the case back to state court the judge refused and they appealed.
 
The Richmond court ruled that Lincoln was a "citizen" of Virginia because its subsidiary conducted business in the state.
 
The case is Lincoln Property Co. et al v. Roche, 04-712.
 

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