The defendant builder brought a motion for summary judgment to dismiss the plaintiff's action for damages arising from mould discovered in a home purchased in 1997.
The plaintiff claimed over $6 million for physical, emotional, and financial injuries.
The court granted the motion, finding that the plaintiff's psychiatric injuries were not reasonably foreseeable to a person of ordinary fortitude, and that there was insufficient evidence to prove the mould caused his physical injuries or financial losses.
The action was dismissed with costs.