The plaintiffs, Judy Faulkner and her real estate brokerage, brought an action against their landlord and property manager claiming approximately $2.2 million in damages allegedly caused by exposure to toxic mould in their leased office space.
The plaintiffs asserted that water leaks led to mould growth, causing Ms. Faulkner to suffer from cognitive symptoms and leading to the departure of key real estate agents.
The court accepted the evidence of the defendants' occupational medicine expert, finding that the plaintiffs failed to prove that the office air contained harmful mould or that Ms. Faulkner's symptoms were caused by mould exposure.
Consequently, the court dismissed the claims for negligence, negligent misrepresentation, and breach of lease, awarding only $4,000 for a temporary rent reduction due to the inconvenience of a remediation containment area.
