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Subject: Monday Morning Mold July 26, 2004 
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Monday Morning Mold July 26, 2004
Mold in the Media
July 26, 2004
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Mold Stories
-- Investigators arrest Microb Phase president (Fairfield
Minuteman, CT - Jul 22, 2004)
-- Orange County [California] Jury Returns Defense Verdict in
Mold Case Involving Alleged Bodily Injuries - Jury Deliberates
for Less Than 30 minutes (Yahoo News - Jul 22, 2004_
-- Mold almost gone; SIUE sues for damages (Belleville
News-Democrat, IL - July 25, 2004)
-- Breaking the mold [Commentary on "Damp Indoor Spaces and
Health"]
-- Florida´s New Construction Defect Statute Impacts Mold
Claims (Mondaq News Alerts, World - Jul 22, 2004)
-- Homeowner drops lawsuit against city - Man claims Arlington
is responsible for flood damage
-- Mold Education: Federal Fungicide Insecticide and
Rodenticide Act (FIFRA)
-- Court Mold: Couple continues to fight developer over
drainage (July 25, 2004)
-- Book Review: "Menace in the Walls" by N.L. Eskeland
(Science2Discover, 140 pages, paperback, $9.00)
-- Book Review (con't): "Menace in the Walls"
-- Book Review (con't): "Menace in the Walls"
-- For Fun: John Kerry Jokes
Last week I reported the arrest of Ronald Schongar for
fraudulent mold remediation. There is a follow-up on this in the
first article. For your information, Mr. Schongar used the
company names Microb Phase, L.L.C.; British American
Environmental Company; Microb Phase, Inc.; Microb Phase
Environmental; Microb Phase Laboratory, Inc.; Mold Away; Air
Tech and Air Tech Services.
This week's book review is Menace in the Walls by N.L.
Eskeland. This is a real page- turner. The photo, above, is
Rhizopus, a black bread mold, from the Skidmore College
Plant Biology website.
Hot tips on mold? Please let me know. Send information to
CMulvihill@cmsynergy.com, Cynthia Coulter Mulvihihll, Esq Hyde
Mulvihill APC 216 W. Foothill Boulevard Monrovia CA 91016. |
Investigators arrest Microb Phase president (Fairfield
Minuteman, CT - Jul 22, 2004)
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NEW HAVEN - In May of 2001, New York state troopers arrested
Ronald Schongar of Clifton Park for allegedly stealing
identities to run up more than $10,000 in credit card bills.
Four months after his arrest, Schongar - representing his
company Microb Phase Laboratories - continued to apply
applications of a mystery agent to kill mold. He was contracted
by Staples from 2000 to 2003 and went on to spray other schools
throughout the country, until a federal Environmental Protection
Agency and Easton Police Department investigation stopped him in
his tracks.
Schongar sat at a defense table inside the magistrate's court
room at the federal courthouse in New Haven late Thursday
afternoon. Assistant U.S. Public Defender Terry Ward sat beside
him Assistant U.S. Attorney Brian Spears told the court Schongar,
58, was being charged with mail fraud, wire fraud and violations
of the Federal Fungicide Insecticide and Rodenticide Act (FIFRA).
Click here for: Investigators arrest Microb Phase president
(Fairfield Minuteman, CT - Jul 22, 2004) |
Orange County [California] Jury Returns Defense Verdict in Mold
Case Involving Alleged Bodily Injuries - Jury Deliberates for
Less Than 30 minutes (Yahoo News - Jul 22, 2004_
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SANTA ANA, Calif., July 22 /PRNewswire/ -- An Orange County jury
returned a defense verdict in a closely watched case involving
claims of serious bodily injury from exposure to mold in a town
home located in Mission Viejo, California. Jury deliberations
were less than thirty minutes according to trial lawyers Kevin
Smith and Sam McDermott with the law firm of Wood, Smith,
Henning & Berman which represented defendant, Equity Residential
Property Management Corporation.
The eight day trial of Shapiroholland v. Equity Residential
Property Management (Orange County Superior Court case 03CC0376)
stemmed from the rental of a town home located in Mission Viejo,
California. During the tenancy of the rental, the property
management company noticed a water leak emanating from a water
heater closet in an outdoor patio of the plaintiff's unit.
Within two days, repairs were made including extraction of all
water that had saturated parts of the carpeting in the living
room of the unit. The occupants of the unit, husband/wife/seven
year old minor child, all complained they suffered debilitating
health effects due to exposure to mold.
Click here for: Orange County [California] Jury Returns Defense
Verdict in Mold Case Involving Alleged Bodily Injuries - Jury
Deliberates for Less Than 30 minutes (Yahoo News - Jul 22, 2004_
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Mold almost gone; SIUE sues for damages (Belleville
News-Democrat, IL - July 25, 2004)
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EDWARDSVILLE - Southern Illinois University Edwardsville has
almost completed a $10 million mold removal from three residence
halls, and has filed a massive lawsuit against the companies
associated with their construction.
SIUE spokesman Greg Conroy confirmed the work is expected to
be finished Thursday, in time for the Aug. 1 deadline to begin
getting the residence halls ready for the students' return.
Click here for: Mold almost gone; SIUE sues for damages
(Belleville News-Democrat, IL - July 25, 2004) |
Breaking the mold [Commentary on "Damp Indoor Spaces and
Health"]
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Mold cleanup and testing have become a growing piece of the
real estate industry nationwide as property owners and renters
have filed record numbers of claims against insurers, builders
and landlords during the past few years.
Some believe the mold concern has been fueled by
misinformation, while others maintain that toxic molds can cause
serious health problems.
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Florida´s New Construction Defect Statute Impacts Mold Claims (Mondaq
News Alerts, World - Jul 22, 2004)
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In May 2003, Chapter 558 became effective in Florida. The
statute requires that a residential claimant follow the
procedures in the statute to notify the contractor and other
responsible parties of defective construction and provides the
contractor a method of resolving the construction defect dispute
prior to litigation; a right to cure. Similar to California's
right to cure statute, Florida's statute is an attempt to reduce
the case load in the court system. One key difference from the
California statute is that the contractor only has five business
days after receipt of the initial notice to conduct an
inspection and a total of 25 calendar days to serve a written
response to the claim. This is a very short time to coordinate
the appropriate inspections, determine the cause of the problem
and propose a solution.
The claimant is barred from filing a lawsuit during the right
to cure period and any lawsuit filed without complying with the
statute may be stayed pending the inspection/cure period.
Although the statute does not apply to actions asserting a claim
for personal injuries arising out of the alleged construction
defect, many personal injury claimants are serving the 558
notice to avoid a potential defense or delay.
Click here for: Florida´s New Construction Defect Statute
Impacts Mold Claims (Mondaq News Alerts, World - Jul 22, 2004)
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Homeowner drops lawsuit against city - Man claims Arlington is
responsible for flood damage
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ARLINGTON - Craig Sullivan rang the bell himself, ending a
round of fighting with the city about flood damage to his home.
Sullivan dropped a lawsuit against the city this week, but he
may refile.
Sullivan contends that the city is responsible for water
damage to his 5,200-square-foot home in a gated community near
Lake Arlington because it approved a neighborhood behind his
property. He said runoff from the developed area destabilized
his home's foundation and left silt and mold inside the home.
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Mold Education: Federal Fungicide Insecticide and Rodenticide
Act (FIFRA)
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Did you know that mold remediation can be subject to the Federal
Fungicide Insecticide and Rodenticide Act (FIFRA)? (What a
mouthful.) FIFRA defines a "pest" as " The term ''pest'' means
(1) any insect, rodent, nematode, fungus, weed . . . " "Fungus"
is "The term ''fungus'' means any non-chlorophyll- bearing
thallophyte (that is, any non-chlorophyll- bearing plant of a
lower order than mosses and liverworts), as for example, rust,
smut, mildew, mold, yeast, and bacteria, except those on or in
living man or other animals and those on or in processed food,
beverages, or pharmaceuticals."
Pesticides are "any substance or mixture of substances
intended for preventing, destroying, repelling, or mitigating
any pest . . ." Either a state or the feds regulate pesticides,
and certify pesticide applicators. Not all pesticides are
restricted pesticides (bleach and water comes to mind), but if a
restricted pesticide is used, the person or firm doing the
application needs to be certified.
Click here for Mold Education: Mold Education: Federal Fungicide
Insecticide and Rodenticide Act (FIFRA) |
Court Mold: Couple continues to fight developer over drainage
(July 25, 2004)
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PALM CITY--John and Leslie Kingsley's ranch still floods at
the height of rainy season, driving rats inside their
air-conditioning ducts and, occasionally, their living space.
The septic tank in their yard still backs up into sinks and
bathtubs when the ground outside gets saturated. And, with each
wet summer, mold under their hardwood floors has spread, causing
more than $40,000 in damage, estimates show.
Click here for: Court Mold: Couple continues to fight developer
over drainage (July 25, 2004) |
Book Review: "Menace in the Walls" by N.L. Eskeland
(Science2Discover, 140 pages, paperback, $9.00)
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Joshua Keegan solves the case of the "Menace in the Walls".
This review is from a guest reviewer, my seven-year old son,
Coulter John. "It was great I licked when joshua scraped a
spesament of the mold off the wall. Allso the part wher joshua
had the printout. And the part wher seld the printout."
[Translation: "It was great. I liked when Joshua scraped a
specimen of the mold off the wall. Also, the part where Joshua
had the printout. And the part where [his sister] sold the
printout."]
Click here for: A Biography of Author N.L. Eskeland
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Book Review (con't): "Menace in the Walls"
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I read this 'chapter book' (15 chapters) out loud to my seven
year old and my four year old. By Chapter 4, we all knew that
Stachybotrys was the culprit mold. What we didn't know - and
didn't find out until the last chapter - was 'who' and 'why'.
That kept us all interested until the end.
Joshua and his sister, Kelley, have typical brother- sister
fights. Kelley manages to wiggle her way into Joshua's summer
job, cleaning and sterilizing glassware in a lab, and entering
data. Joshua notices that babies in Mitland, Ohio, have been
dying after a serious flood. He's curious, but no one is
answering his questions. Then the babies' records disappear from
the database.
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Book Review (con't): "Menace in the Walls"
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Joshua and Kelley join forces to solve the mystery, and they are
resourceful. N.L. (Lucia) Eskeland does a good job conveying the
science at an understandable level, without dumbing it down.
Click here to Order: "Menace in the Walls" |
For Fun: John Kerry Jokes
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In honor of the Democratic convention, here's a link to John
Kerry jokes. Here are a few of my favorites:
"John Kerry told Tom Ridge he was too busy to receive a
Homeland Security briefing. I thought that was odd, since you're
not supposed to ignore terrorist threats until after you become
president." - David Letterman. "Well the good news for
Democrats, now over half the country can identify a picture of
John Kerry. The bad news, the majority still thinks he's the dad
from 'The Munsters."' -Jay Leno
For Fun: John Kerry Jokes |
Contact Information
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phone: 626-358-7471
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Hyde Mulvihill Lawyers | 216 W. Foothill Blvd | PO Box 1007 |
Monrovia | CA | 91017 |
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