Family sues landlord over moldy home

Kelly Holleran Mar. 31, 2009, 8:55am

2220 Gladys

A Beaumont woman and her son are suing their landlord, claiming they became ill due to mold growing in their home.

Cynthia McVay filed suit individually and on behalf of her minor son, Joseph McVay, against John Stephen Nobles on March 27 in Jefferson County Circuit Court.

They say they rented property from Nobles at 2220 Gladys Ave. in Beaumont and found mold all over the house after they moved in September 2006.

The McVays reported the problem to Nobles, who promised to remedy it, the complaint says.

However, the mold was never eradicated, and the McVays allege they became ill and suffered from respiratory problems.

They also suffered severe physical and mental pain and anguish and incurred medical costs, the plaintiffs claim.

"Defendant negligently left the subject premises in an unreasonably dangerous condition," the suit states. "Defendant negligently failed to correct the unreasonably dangerous condition."

According to the suit, Nobles was at fault because he:

  • Failed to maintain the premises;
  • Failed to adequately warn the McVays of the dangerous condition;
  • Failed to inspect the premises;
  • Failed to take steps to eliminate the condition; and
  • Failed to instruct his employees to place a warning sign near the dangerous condition.

    The McVays are seeking a judgment within the jurisdictional limits the court, plus pre- and post-judgment interest at the highest legal rate, costs and other relief to which they may be entitled.

    Brian D. Sutton, Joseph N. Jannise and Stephanie H. Harris of Sutton and Jacobs in Beaumont will be representing them.

    The case has been assigned to Judge Gary Sanderson.

    Jefferson County District Court case number: B183-670.

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