Contrary to the opinion offered by Alan Eagle in the Law Journal recently (“Is Mold the Next Asbestos? Not Really,” Mar. 21, 2002), toxic mold litigation is almost certain to be an exploding trend in the new century.
I recently concluded a toxic mold personal injury action which involved the seven lead cases (160 separate actions and over 480 plaintiffs were represented) tried in front of a jury for almost eight weeks in Supreme Court, New York County, The actions sought compensation for personal injury, property damage, clean-up costs, rent abatement and first party medical pay benefits. Companion cases were also filed on behalf of the 400 plaintiffs requesting that a mandatory injunction be issued directing the defendant-landlord and defendant managing agent to decontaminate, detoxify and clean-up the two buildings where the plaintiffs resided. The primary actions also sought punitive damages in the sum of $50 million per plaintiff.
