Michigan Appellate Court Make Surprising Ruling Concerning Causation In Mold Exposure Case

On December 21, 2009, the Michigan Court of Appeal affirmed a $300,000 verdict in a mold exposure case after Defendant’s motion for a new trial was denied. At trial, Plaintiffs’ indoor air quality expert testified to finding two types of mold in the home and that these molds may result in adverse health effects. Plaintiffs’ children, while living in the home, exhibited classic symptoms of mold exposure – coughs, diarrhea, bloody noses and vomiting. Plaintiffs did not present expert testimony from a health care provider that the exposure to mold caused the symptoms.

The Court of Appeal ruled that Plaintiffs were not required to prove that these children’s symptoms were caused by mold exposure. The Court reasoned that the facts of the case were simple: the children were healthy before they were in the home, got extremely sick while living in the home and recovered upon leaving the home. This was enough to provide a circumstantial link that would provide a reasonable connection to causation.

If you believe that you have toxic mold in your place of residence or employment please call the Law Office of Harold D. Thompson for a free case evaluation or visit our website at www.ThompsonLawSD.com