BKBM Attorney Kim M. Jackson wins mold lawsuit

By March 29, 2017 News/Events/Seminars

Two plaintiffs and their children filed a lawsuit against an apartment complex and its property management company in 2014 alleging personal injuries and property damage arising out of an alleged mold infestation in the apartment.  Plaintiffs were represented by an attorney whose practice focuses on filing mold claims against apartments. 

Following discovery, Mr. Jackson moved for and his clients were granted partial summary judgment on the personal injury claims on the basis of a failure to prove a proximate cause between the alleged personal injuries and any mold exposure.  The case was then to proceed to trial on the property damage claim.  Plaintiffs’ counsel dismissed the remaining claims at that time without prejudice, but the case was refiled six months later as permitted under Georgia law. 

Despite efforts by the Plaintiffs’ counsel to delay the case further, the Court ordered a trial on the property damage claims.  The plaintiffs were awarded zero damages for their property, which included furniture and clothes, and moving expenses.