"...humans have studied only about 1% of all of the microbes in any given environment ... despite the fact that over [300] years have passed since the discovery of microbes, the field of microbiology could be said to be in its infancy relative to other biological disciplines such as zoology, botany and entomology." (Microbiology, Wikipedia)
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Martin, TN: Court-ordered remediation upheld by appellate judge
Two parents have filed suit to force a school district to fix a moldy high school correctly, and due to damages their children experienced in a moldy high school in Martin, TN. This is the site of student protests over the problem, also. Here is the court update, which is increasingly, strongly, in the parents' favor (SMH).
"A DECISION IS REACHED TODAY IN THE HEARING CONCERNING MOLD IN TWO WEAKLEY COUNTY SCHOOLS. A JUDGE HAS RULED FOR PERMANENT REMEDIAL EFFORTS TO TAKE PLACE AT WESTVIEW HIGH SCHOOL THIS SUMMER WHEN STUDENTS ARE OUT OF CLASS. THAT MEANS THE SCHOOL WILL REMAIN OPEN UNTIL THE SCHOOL YEAR IS OVER.
THE LAWSUITS FILED AGAINST THE WEAKLEY COUNTY BOARD OF EDUCATION STEMS FROM CLAIMS THAT AT LEAST TWO STUDENTS FELL ILL FROM THE PRESENCE OF MOLD IN THE SCHOOL.
COURT-ORDERED TESTING OF THE HIGH SCHOOL DID IN FACT FIND MOLD." (http://www.wbbjtv.com/NEWS/10news.htm#StoryIndex)
Acree stands by previous court order in mold hearing
May 15, 2008
By Sabrina Bates , Chief Staff Writer, The Weakley County Press
After hearing nearly two days of testimony, 27th Judicial District Circuit Court Judge William Acree stood by his February order to have a local public high school remediated of mold.
The judge determined on Tuesday during a temporary injunction hearing that the Weakley County Board of Education had acknowledged the presence of mold inside of Westview High School . He also said the Board planned to “fix” the problems, although a formal written plan had not yet been submitted to the court. The hearing was a request by Carol Hinman of Martin to cease operations at the school until the building was rid of what was considered by some to be “toxic mold.”
Hinman has filed suit against the Weakley County Board of Education with claims that two of her children who attended the Martin high school had suffered medical affects due to mold contamination inside the building. Acree ordered Jason Pannu, attorney for the school board, to submit a written plan describing steps that will be used to remediate the public school.
During testimony by Dr. Elliott Horner on Tuesday it was revealed that WHS did have water infiltration issues that led to high levels of moisture throughout the building. Horner also noted that he found “visible mold growth” in the building and had recommended the school be remediated. Hinman’s attorney Larry Parrish of Memphis asked Horner why there was no remediation plan after the mycologist found mold growth inside the building last August.
“I did discuss this with my client, Mr. Pannu. Those recommendations were passed on to him,” Horner replied.
Horner never clarified throughout his testimony, how much mold a building can house before it becomes “excessive” or poses a health threat to its occupants. The mycologist, who is employed through Air Quality Sciences of Georgia, was hired by Pannu to conduct a joint inspection of Westview High School for signs of mold growth last August. Dr. Richard Lipsey performed source sampling on behalf of the plaintiffs alongside Horner in August.
According to Lipsey’s report, certain types of mold growth deemed to toxic in “excessive” amounts including Stachybotrys, Cladosporium and Aspergillus were found in areas of the high school. Acree ordered the Board of Education to begin immediate “temporary” remediation efforts at the school with permanent remedial measures to be taken by the Board during the students’ summer break. The circuit court judge heard testimony Monday and Tuesday that described the progress made on remediation efforts.
Horner testified that at least one wing of the building had been remediated while half of the HVAC system’s insulation covering the duct piping had been replaced. It was discovered during February’s hearing that the insulation on the duct pipes had posed condensation issues, which in turn lead to mold growth on ceiling tiles in areas throughout the school.
Westview High School uses a chiller system to cool the building. Previous testimony cited the system had not properly functioned and dampers used to control fresh air intake had been disconnected. Acree stood by his order to have the entire HVAC system at the school inspected.
Architectural consultant James Kavanagh testified on Monday after an inspection of the building, engineering measures such as a regrading around the school building to open “weep holes” and gable replacement need to take place as long-term solutions to eliminate further water infiltration.
In reference to the temporary injunction hearing for Martin Middle School , Horner testified there was not enough evidence to determine if the building would require further mold sampling to take place. He did advise general housekeeping issues have contributed to dust build-up inside the school and recommended a top to bottom thorough cleaning of MMS. After a clean-up, Horner said a visual inspection would be sufficient to determine if there is mold growth inside the middle school. Acree agreed to Horner’s recommendation.
“We are very pleased. We are very happy with the judge’s recommendations. These steps are all good steps that are beneficial for all parties involved,” Amber Griffin , a member of the legal team for the Hinman family, commented after Acree’s ruling on Tuesday.
Pannu said he would handle the written plan to present to the judge immediately. He added the Board would then take the proper steps through the Weakley County Commission to put out bids for the remedial work to take place this summer.
Two families have sued the Board with claims their children have become ill as a result of contact with mold throughout Westview. Griffin said she would continue with the litigation through discovery. Both Hinman and the Joost family, who filed the first suit against Weakley County Superintendent of Schools Richard Barber, the Weakley County Board of Education and Weakley County as a government entity, are requesting jury trials for the pending litigation.
WCP 5.15.08
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Judge gets progress report on school mold
Mold at Martin Westview High School has prompted two lawsuits by parents
http://www.jacksonsun.com/apps/pbcs.dll/article?AID=/20080513/NEWS01/805130311/1002
By STANLEY DUNLAP
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• May 13, 2008
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DRESDEN - A progress report was given to a circuit court judge on Monday concerning the steps that have been taken to solve the mold problem at Martin Westview High School. The school is at the center of a controversy that has prompted two lawsuits by concerned parents.
Weakley County Circuit Court Judge William Acree will hear more expert testimony when the hearing continues at 9 a.m. today.
The attorneys representing the Weakley County School Board and the plaintiffs in the lawsuit against the board have agreed to have a specialist examine the high school after the temporary work is finished.
"Our understanding today is that the full inspection of the school has not been done yet," said Memphis attorney Amber Griffin after the hearing.
The mother of two Westview students, Carrol Hinman, filed the lawsuit seeking an injunction to have the school closed until the problem was remedied.
In February Judge William Acree ordered immediate remediation be done on some areas of Westview after testing showed evidence of mold on pipes in different areas of the school.
Griffin said there is the potential for mold at Martin Middle School as well.
"We think that the same testing should be done at Martin because of the similarities between them," Griffin said following the hearing.
The school district is halfway finished with the process of replacing old insulation at Westview High School, James Pannu, the attorney representing the school board, said in court.
The new insulation that has been put around pipes is made with Microban, which is used to deter mold. It contains the chemical phenol which is among one of the top 20 indoor environmental pollutants according to Air Quality Sciences.
Building consulting expert James Kavanagh, of BioPure Consulting in Atlanta, testified that he hadn't recommend the new insulation be tested because "it's a widely used product in hospitals and schools...
"I think generally the products are tested at the manufacturing stage," he said.
Griffin also represents Richard and Julie Joost, the parents of former Westview student Caleb Joost.
An injunction hearing to determine if two local public schools should cease operations has been continued for Tuesday (today) in Weakley County General Sessions Court. In February 27th Judicial District Circuit Court Judge William Acree heard testimony on behalf of a Martin mother who claims her three school-age children have been medically affected by contact with toxic mold at Westview High School, as well as Martin Middle School.
Carol Hinman, parent of Griffin, Dominique and Paige Pochop, has filed suit against the Weakley County Board of Education. Hinman contends her three children have suffered respiratory illnesses and allergy symptoms due to alleged exposure to mold throughout both public schools.
Acree was asked to grant a restraining order and temporary injunction against both schools until the buildings have been completely rid of apparent toxic mold in accordance with EPA guidelines.
While the circuit court judge did not grant the court motions in February, he did order Weakley County Board of Education to begin immediate temporary remedial efforts with a permanent remediation of Westview High School to take place during the students’ summer break.
The Board was ordered to employ a third-party remediation company to remediate signs of mold growth after a school-wide inspection took place to determine the extent of mold growth within the public high school.
Hinman’s counsel, Amber Griffin of Memphis, noted during Monday’s hearing that the Board failed to comply with the school-wide inspection order.
While temporary remedial efforts have taken place at WHS by Groove Remediation of Nashville, Griffin questioned the credibility of the third-party company and its effectiveness at meeting EPA guidelines.
The attorney said later there was not a court order for a mutual agreement between the parties before hiring the remediation company.
She added the legal team for the plaintiff was not aware of which company the Board hired to perform the remedial work.
An inspection of the pneumatic air system and dampers was also ordered by Acree to take place.
The HVAC system has been considered through past testimony as a significant cause for moisture problems throughout the building. Griffin argued that the Board failed to comply with the court ordered HVAC inspection.
Jason Pannu, counsel for the Weakley County School Board, claimed testimony by his witnesses would show their recommendations put forth would be sufficient for eliminating sources of moisture throughout the public school building.
“Mr. James Kavanagh will testify that the mold was concentrated at the chiller system pipes in the areas above the ceiling tiles. He will tell you that the sophets designed to help release warm air back out of the building were stuffed with insulation. …He will also tell you that the building was built too low into the ground,” Pannu explained.
Kavanagh, a consultant of architectural design, took the stand Monday afternoon testifying he had conducted a visual inspection of Westview High School.
He offered recommendations based from his findings during the inspection where he allegedly saw building flaws that did not allow warm air to escape from the school building.
Kavanagh claimed the grade around the public school was too high which covered the “weep holes” of the structure.
He also suggested replacing caulk that had reached its life expectancy around doors and windows.
Another recommendation offered by the architectural consultant included replacing insulation around the HVAC chiller system’s pipes with duct that has Microban impregnated into the material.
Griffin presented information from Air Quality Sciences’ Web site that highlights a chemical known as Phenol to be a main ingredient in Microban's make-up. Griffin went on to say information from the site claims Phenol is a common indoor pollutant that is potentially toxic and carcinogenic.
Acree recessed the injunction hearing after Kavanagh’s testimony on Monday with Dr. Elliott Horner set to take the stand today (Tuesday).
Acree is asked to determine if Westview High School should cease operations until it is completely rid of alleged toxic mold. A hearing against MMS is also scheduled for this week in circuit court.
Hinman’s children were allowed to participate in the school system’s “homebound” program. Hinman is the second parent to file suit against the Board of Education with claims of mold at Westview High School.
A DECISION IS REACHED TODAY IN THE HEARING CONCERNING MOLD IN TWO WEAKLEY COUNTY SCHOOLS. A JUDGE HAS RULED FOR PERMANENT REMEDIAL EFFORTS TO TAKE PLACE AT WESTVIEW HIGH SCHOOL THIS SUMMER WHEN STUDENTS ARE OUT OF CLASS. THAT MEANS THE SCHOOL WILL REMAIN OPEN UNTIL THE SCHOOL YEAR IS OVER.
THE LAWSUITS FILED AGAINST THE WEAKLEY COUNTY BOARD OF EDUCATION STEMS FROM CLAIMS THAT AT LEAST TWO STUDENTS FELL ILL FROM THE PRESENCE OF MOLD IN THE SCHOOL.
COURT-ORDERED TESTING OF THE HIGH SCHOOL DID IN FACT FIND MOLD.
*SOT* 6:03:35-46 IT'S MY UNDERSTANDING THAT SEVERAL AREAS WERE REMEDIATED PRIOR TO SPRING BREAK.AND DURING SPRING BREAK.CAME IN AGAIN AND DID SOME REMEDIATION.
*SOT* 23:33:45-23:34:00 DID YOU INSPECT EVERY INCH OF THE ENTIRE SCHOOL.I INSPECTED ALL PARTS OF THE SCHOOL.I WOULD NOT MAKE A CLAIM THAT I LOOKED AT EVERY SQUARE INCH.
SCHOOL LEADERS SAY THEY WILL DO MORE TESTING AT MARTIN MIDDLE SCHOOL BEFORE THEY DECIDE WHAT TO DO THERE.
THE ATTORNEY REPRESENTING THE TWO FAMILIES SAYS SHE WILL CONTINUE LITIGATION AGAINST THE SCHOOL BOARD.
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SMH Tip: Filing suit is very expensive - if you are interested in this as a potential solution at your school, investigate the full costs before filing.
We feel that laws protecting children in their school environments are necessary so that parents don' t have to go to these lengths - the laws are virtually nonexistent, except in New Jersey and CT - see our Law page for more info.
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Previous stories about Westview High mold, Martin, TN:
...ERNING MOLD IN TWO WEAKLEY COUNTY SCHOOLS. A JUDGE HAS RULED FOR PERMANENT REMEDIAL EFFORTS TO TAKE PLACE AT WESTVIEW HIGH SCHOOL THIS SUMMER WHEN STUDENTS ARE OUT OF CLASS. THAT MEANS THE SCHO...
MOLD HEARING