Guest commentary by Scott Whitenack, Esq.
Los Angeles, CA – Dee vs. PCS. (Case No. LC057263) attorney for Ms. Dee, Scott B. Whitenack Stubblefield states, “On May 9, 2005 the jury after deliberating for over 1 week came back with a defense verdict for the opulent landlord PCS. This was a direct result of Judge Ettinger reversing his prior order of February 16, 2005 ‘L.A. Judge Rules Neuropsychologist Qualified for Expert Testimony in $6M Landmark Toxic Mold Case‘ and reversing his prior order that the jury would be instructed on Ms. Dee’s lifetime fear of cancer as a result of Ms. Dee’s exposure to toxic mold/mycotoxins that are know carcinogenic.”
Mr. Whitenack also states, “Judge Ettinger’s ruling was based in part on the two fraudulent reports: The Institute Of Medicine’s, Damp Indoor Spaces and Health dated May 25, 2004 (IOM), and the American College of Occupational and Environmental Medicine Position Paper released in 2002, (“ACOEM”) were the only accepted scientific authorities by the ‘medical community’ and all of the 28,000 other medical studies showing a direct link between toxic mold exposure and cancer and even death, including the ‘Military Of Medicine Text’ showing that Stachybotrys is so dangerous that it is used as an agent of ‘BIOLOGICAL WARFARE’ as testified to by Ms. Dee’s toxic mold experts was irrelevant and wouldn’t be permitted to be heard by the Jury at time of trial.”
Mr. Whitenack, further states that after talking with one of the jurors, he indicated that the jury ruled they way they did, because they believed Dr. Fedoruk’s testimony based on the (IOM) & (“ACOEM”) reports, that 2 spores of Stachybotrys or (“Black Mold”) wasn’t sufficient to cause any serious health concerns that Ms. Dee was experiencing.
Moreover, in response to Mr. Whitenack’s question, if the Jury had been permitted to hear the testimony of Dr. Ordog, M.D. as an expert, and the other scientific evidence that the 2 spores of Stachybotrys was more than sufficient to cause Ms. Dee’s injuries, would the Jury have ruled in favor of Ms. Dees? And the juror responded, “Yes!” Mr. Whitenack further states, “All of this was because of the judge’s erroneous and prejudicial rulings that were contrary to the law in the State of California as confirmed by the California Supreme Court in Roberti vs. Andy’s Termite Pest Control, Inc. (March 2005) 113 CalApp.4th 893 and Potter v. Firestone Tire & Rubber Co. (1993) 6 Cal.4th 965, 25 Cal.Rptr. 2d 550.
“Yes, justice takes time, and sometimes it is not right, but I have already learned this lesson very well, back in 1986, when I won a landmark published opinion on broker fraud, of Cory vs. Villa Properties (1986) 180 Cal.App.3d 592, Witkin Summary of California Law 9th Ed., Torts, Vol. 6, Sec. 1447 at page 924-925; California Real Estate Miller & Starr, Remedies, Sec. 30:45, Measure of Damages (Cal. Civil Code Sec. 3343, & in references as one of the supporting published opinions, measure of damages in the sale of real property). Back in the “Good old days” it took almost 10 years to get justice, and $1.25 Million for my clients!
“TRUSTED JUDGE’S STROKE OF PEN PREVENTS TESTIMONY OF MS. DEE’S TOXIC MOLD EXPERTS ON CAUSATION AND REVERSAL OF INSTRUCTION TO THE JURY ON MS. DEE’S FEAR OF CANCER IS MIGHTIER THAN THE HULK’S SUPER STRENGTH AND MUSCLE AND THE HELP OF SOME OF HIS SUPER CELEBRITY FRIENDS, AND RESULTS IN DEFENSE VERDICT FOR OPULENT LANDLORD!
“MS. DEE’S TEMPORARY LOSS PROVES THE ONGOING ‘MOLD CONSPIRACY’ AND IN THE PROCESS UNITES MORE WOMAN, CHILDREN and FAMILIES ACROSS AMERICA TO EXPOSE THE ‘MOLD CONSPIRACY’, AND THE “MASTER MIND OF TOXIC MOLD AWARENESS HAS BEEN CREATED!”
“But in these ‘fast times of equal justice,’ it should only take us 1 year if we are lucky or more like 1 and 1/2 years, before we get ‘justice’ and we get to start our ‘jury trial’ all over again! But by that time, this ‘Judge’ will have either gone back into retirement where he belongs, or because of his age, he would have been taken from this ‘spinning planet’.
“Moreover, by this time, Congress or the legal or medical community would have also ‘de-published’ the two (2) fraudulent medical review reports: (“IOM”), and (“ACOEM”) that were used by Judge Ettinger in our case, just like other so called ‘judges’ that have used these same 2 reports to defeat or reduce the medical and psychological claims of thousands other woman and children and families across America… as ‘The Mold Conspiracy’ continues to unfold….. and he knows in his mind, “That Which Does Not Destroy Me Makes Me Stronger!” (Niche)”
Mr. Whitenack states, “The answer that we are all looking for in today’s ‘Life’s Lesson’, is why and how did this happen? The Answer is ‘We are all given free will by God and the ‘Will Of The Good’ sometimes takes more time to ‘Overcome the free will of the bad”, and in the process, yes, we will have all become ‘stronger’ and ‘the Will of the good” shall prevail for all of us!”
Finally, Mr. Whitenack states, “WE LOOK FORWARD TO THE FINAL BATTLE ON RETRIAL”.