BOONE, N.C. – A North Carolina motorist has sued General Motors Corp., alleging that his sport utility vehicle (SUV) was contaminated with toxic mold, causing mold and yeast to grow inside of his sinus cavities, Mealey Publications report on Mold litigation reported today (Timothy E. Greene, et al. v. General Motors Corp., et al., No. 02CV156, N.C. Super., Watauga Co.)
Timothy Greene sued GM and Mack Brown Inc. in Watauga County, N.C., Superior Court. GM designs, manufactures, markets and promotes the Cadillac Escalade SUV bought by Greene. Mack Brown is the dealership where Greene purchased the SUV.
Before the sale of the 1999 SUV, the dealership used the vehicle as a demonstrator vehicle. Although the SUV had more than 14,000 miles on it at the time of sale on May 17, 2000, Greene says the dealership and GMC provided all warranties, express and implied, associated with a new vehicle of the same make and model.
In June or July of 2000, Greene maintains that he noticed a foul odor in the vehicle and later discovered moisture on the floor of the vehicle. Greene says he returned the SUV for repair that same month, and the SUV was returned to him in September or October of that year.
“On or about August 16, 2000, shortly after Plaintiff purchased the SUV, Plaintiff began to suffer from a chronic illness that continues to plague him up until the filing of the Complaint,” Greene says.
It was eventually determined that mold and yeast were growing inside of Greene’s sinus cavities, he says. Illnesses alleged include fatigue, migraine headaches lasting 12 to 15 hours, earaches, loss of ability to taste, body tremors, dizziness, memory loss and confusion, irregular urination, sinus problems and respiratory problems. Greene maintains that he will suffer from these illnesses for the remainder of his life.
“Plaintiff Timothy Everett Greene’s exposure to the mold and yeast in the Cadillac Escalade ultimately led to multiple colonies of black mold growth in his sinus cavities. Plaintiff has had to endure multiple complicated surgeries to rid himself of the mold colonies,” he says.
Claims asserted against GM include unfair and deceptive trade practices, negligence, common law fraud, breach of warranty, punitive damages, intentional infliction of emotional distress and breach of contract. Claims asserted against the dealership include unfair and deceptive trade practices, negligence, common law fraud, intentional infliction of emotional distress and breach of contract. A loss of consortium claim is also asserted on behalf of Greene’s wife.
According to the complaint, Greene’s medical bills to date are more than $200,000. He also maintains that he has been damaged by more than $50,000 by the negligence of the defendants and property damage, among other things. Greene seeks $10,000 for the loss of consortium claim.