|
Mold lawsuit trial set nearly 7 years after filing |
|
|
|
|
http://www.indystar.com/apps/pbcs.dll/article?AID=/20071028/LOCAL/710280456
IndyStar.com Metro & State
October 28, 2007
Lawsuit trial set nearly 7 years after filing
Associated Press
TERRE HAUTE, Ind. -- Former employees of an eye surgery center who filed a lawsuit claiming mold in their workplace made them ill won't be able to take their case to trial before early 2009 -- nearly seven years after they went to court.
Vigo Superior Court Judge Phillip Adler scheduled the trial stemming from alleged illnesses at the Wabash Valley Surgery and Eye Center for Feb. 23, 2009. The timing is due to renovations at the Vigo County Courthouse.
Employees at the center filed suit in April 2002 alleging that they had suffered respiratory illnesses, headaches and fatigue from 1995 through 2001 due to stachybotrys and other types of mold in the building. The lawsuit accused the builder and the center's owner of negligence that led to the growth of the mold.
The building was constructed by CDI Inc. and owned by Associated Physicians & Surgeons Clinic LLC, which is part of the Union Hospital Health Group.
Craig McKee, former attorney for Associated Physicians & Surgeons, said Union Hospital took steps to fix the problem when mold was discovered in 2000, including replacing windows, repairing the roof and removing mold.
Attorneys for the defendants are seeking summary judgment on various grounds. CDI argues the plaintiffs failed to file the lawsuit within the statute of limitations, while Associated Physicians & Surgeons' attorneys argue that it was not responsible for building maintenance at the time of the illnesses.
The plaintiffs also are asking the judge not to exclude one of Associated Physicians & Surgeons' subcontractors from the suit.
Adler said last week he would review the pleadings and rule in 30 days. |