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Everett Dorey – Unanimous Defense Victory in Los Angeles “Toxic Mold” Jury Trial

September 20, 2024
4 Min Read

In a highly contentious jury trial involving claims of alleged exposure to “Toxic Mold” and “Volatile Organic Compounds” (VOCs), Everett Dorey attorneys, Samantha Dorey and Vanessa Vinje, obtained a 12-0 defense verdict in Los Angeles County Superior Court.

At trial, the plaintiff, a 65-year-old woman with a pre-existing autoimmune disease, claimed “Toxic Mold” and “VOCs” in her Santa Monica apartment caused catastrophic and permanent injuries, including, but not limited to, chronic fatigue, respiratory, and pulmonary injuries. Plaintiff was a tenant at the upscale Santa Monica apartment for over twenty years. Plaintiff claimed the property owners breached the warranty of habitability and were responsible for intentional infliction of emotional distress. Plaintiff sought compensation on a wide range of damages, including, rent abatement for five years, lost wages, pain and suffering, attorney fees and punitive damages.

On direct examination, plaintiff testified she was hospitalized for several days and incapacitated due to her alleged injuries. The plaintiff argued the property owner neglected to conduct a comprehensive “mold” investigation when the property owner refused to remove drywall and open-up wall cavities. On cross-examination, Everett Dorey Partner and Trial Attorney Samantha Dorey solicited testimony that plaintiff failed to provide any evidence of compromised indoor air based on environmental testing conducted at the apartment. When asked about plaintiff’s testimony, Samantha Dorey commented, “Property owners are not required to tear apart buildings to look for mold especially when there is no evidence of water intrusion, visible mold, elevated air testing or any other evidence to suggest the indoor air is any different than the outdoor air.” 

Brian Daly is a Certified Industrial Hygienist (“CIH”) who was retained as a defense expert.  Based on his extensive review of the plaintiff’s reports and his personal inspection of the apartment, Mr. Daly testified that the apartment did not pose any threat to plaintiff’s health or wellbeing.  According to Everett Dorey Trial Attorney Vanessa Vinje, “Experts play a critical role in every ‘mold case’ because they can educate jurors about indoor air quality and debunk false theories about mold. Unfortunately, Jurors are often misinformed and misled to believe any type of mold at any level can cause an injury. It simply isn’t true.”

Legal experts and property owners throughout the country have seen a dramatic resurgence of “mold” cases claiming neurological and pulmonary injuries from alleged exposure to mold. Managing Partner and Trial Attorney Seymour Everett mentioned, “This new wave of mold cases plaguing businesses is largely driven by junk science and plaintiff experts that lack the knowledge, qualifications, and experience to support their claims. The litigation is harming people by misdiagnosing them with contrived “mold related” illnesses not recognized or accepted by the medical community. Filing frivolous lawsuits is also hurting business owners. Everett Dorey is committed to defending property owners and has extensive resources fighting baseless mold claims.”

In overwhelming fashion, the Los Angeles jury determined plaintiff’s claims were not supported by the evidence. The jury’s unanimous verdict on the first question of the verdict confirmed that the property owner did not breach any duty owed to the tenant. As the prevailing party, pursuant to the lease agreement, Everett Dorey will seek to recover all attorney fees and costs for the client. The client is grateful for the outcome and feels vindicated by the verdict.

Everett Dorey is a full-service civil litigation firm of trial attorneys with offices throughout the western United States. For additional information regarding the case or Everett Dorey’s experience handling “mold” and “toxic tort” cases, please contact Samantha Dorey at [email protected] and (949) 771-9250 and Sy Everett at [email protected] and (949) 771 9244. Please visit EverettDorey.com for additional information about the firm and its range of practice areas.

Everett Dorey’s Founding Partner, Seymour “Sy” Everett, III is a prominent American Board of Trial Advocates (“ABOTA”) attorney recognized for his expertise in complex litigation across various sectors, including defense of corporations and public agencies, and has been named a Top 100 Lawyer by the Daily Journal. Founding Partner Samantha Dorey, recognized by the Daily Journal as a Top 40 Under 40 attorney, specializes in complex civil litigation in state and federal courts with a focus on catastrophic injury, employment law, and environmental issues, while fostering an empowering environment for female attorneys and earning numerous awards for her contributions to the legal field.

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