Terrence Lavy, Cassius Borel and Alexis Barkis,(Southwest FL/Ft. Myers) (Property/Mold) obtained a defense verdict in a dispute between a homeowner and a mold remediation contractor in Lee County. Kelly v. Nu Image Claims involved a plumbing failure in plaintiff’s bath which flooded her entire home, resulting in mold damage. In addition to suing Nu Image, Kelly sued the dryout company and her insurer (both of which settled on the eve of trial for substantial sums). Among plaintiff’s claims were: personal injury based on exposure to mold; loss of use of the structure and damage to it; and conversion of personal property by defendant’s employees. Nu Image’s case relied upon a contracting expert to establish industry standards for mold remediation, to argue that Nu Image was not negligent. Nu Image also asserted that there was insufficient evidence to support either the claimed conversion of property or to show that plaintiff demanded the return of it prior to suit.
After a 9 day trial, plaintiff requested a verdict of $940,000. The jury deliberated 3 hours before returning a defense verdict.