Inspector Failed to Detect Mold

[dplummer]

Homeowners' suit claims inspector failed to detect mold


5/14/2009 4:00 PM
By Kelly Holleran

Two Jefferson County individuals say the home inspection company they hired before they bought their home failed to identify mold growing within the house.

Cole and Latisha Landry filed a lawsuit May 12 in Jefferson County District Court against Louis Ashy, doing business as Pillar to Post.

The Landrys claim they asked Ashy to inspect a home located at 677 Ridgewood in Port Neches on Dec. 8.

"Defendant was to inspect the property and indicate the items in need of repair or not functioning and report on those applicable items," the suit states.

Ashy failed to detect mold growing on the home's HVAC unit, the complaint says.

Only in mid-January, after the Landry's move-in date of Jan. 9, did they find the visible mold growth throughout the HVAC cabinet. Visual water marks could also be seen on numerous locations in the cabinet, the Landrys say.

After finding the mold, the Landrys hired an environmental consulting and testing professional and learned that concentrations of various molds were identified in air samples, according to court documents.

"The inside samples held concentrations of Penicillium/Aspergillus were greater in the HVAC closet and the children's bedroom," the suit states.

Ashy was guilty of negligently failing to adequately inspect the property and of failing to state in his report there were visible signs of water marks and suspected mold growth in the HVAC closet, the complaint says.

The Landrys are seeking unspecified treble and discretionary damages of less than $50,000, plus attorney's fees, costs and other relief to which they may be entitled.

Brandon P. Monk of The Monk Law Firm in Port Arthur will be representing them.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E184-045.