SW Legal studies in Business

Medical Monitoring of Tenants for Toxic Exposure a Recognized Claim
Description

Federal trial court allowed a claim by tenants of an apartment complex, who were forced to move because of toxic mold in the complex, to bring a class action for the landlord to pay for medical monitoring due to possible health problems from mold exposure.

Topic Real and Personal Property
Key Words

Tenants; Toxic Exposure; Medical Monitoring; Class Action

C A S E   S U M M A R Y
Facts

Tenants of a luxury apartment complex were told they all had four months to vacate the premises because mold had been found inside walls. The mold would require the leases to be ended so the buildings could renovated. The tenants brought a class action against the building owner requesting that the owner pay for medical monitoring of all former tenants because of their possible exposure to toxic mold. The existence of the mold was due to negligence on the part of the owner for allowing the problem to exist and spread. Defendants moved to dismiss the claim, contending that they must show evidence of suffering from a disease that could be related to mold.

Decision

Motion denied. The fact that medical monitoring has never been recognized as an independent cause of action does not mean that it may not be brought. Plaintiffs have shown that there is legitimate reason to be concerned about exposure to mold, which defendant knew about for some time before informing the tenants. Hence, the claim made by the tenants will proceed as their cause of action is recognized by this court.

Citation

Sorrentino v. ASN Roosevelt Center, ---F.Supp.2d--- (2008 WL 4410369, E.D.N.Y., 2008)

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