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Attorney obtained a summary judgment for a correctional services food service provider for toxic tort claims of six correctional officers alleging exposure to mold in the prison

Attorney obtained a summary judgment for a correctional services food service provider for toxic tort claims of six correctional officers alleging exposure to mold in the prison. The judge agreed, in a published opinion, that the service provider was constrained by the narrow scope of its contract and the conditions of the prison facilities in which it had to perform the contract. The Court also agreed that the service provider was not the source of mold conditions that pre-existed the contract, and there was no requirement under the contract or common law to prevent, remove, abate or remediate the mold. The court further found that plaintiffs lacked diligence in producing any expert evidence and, in particular, any evidence that the type of mold to which they were allegedly exposed was of the type, sufficient quality or form to cause any harm.

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