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The Defense Cleans Up Mold Exposure Claims

Obtained summary judgment in a toxic tort case involving claims of mold exposure. The defense represented an environmental testing company hired by the company that performed a remediation in the plaintiffs' home following a sewage backup in 2007 that resulted in several inches of raw sewage backing up in the plaintiffs' basement. The environmental testing company was not named as a defendant until a guardian for several minor plaintiffs was appointed and filed a separate suit, more than two years later. The original plaintiffs amended their complaint to also assert claims against our client, alleging negligence and fraud. The defense established that the plaintiffs' claims for property damages would not be attributable to the alleged conduct of our client, since the client's work was performed after the sewage backup occurred. As a result, the plaintiffs were limited to claims of personal injury. Thus, a two-year statute of limitations applied. The judge agreed and granted our client's motion for summary judgment. The judge rejected the plaintiffs' claim that they were unaware of the offending conduct until they received an expert report, setting forth various alleged violations committed by our client. The plaintiffs attempted to argue that the discovery rule would toll commencement of the limitations period until they received that report. The judge, however, found that the plaintiffs had a duty to act diligently and their failure to do so was fatal to their claims.

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