Mold-Help.org - The world's largest TOXIC MOLD website
  • Mold Basics
    • Mold Overview
    • Mold Symptoms
    • Mold Types & Images
    • Fungal Infections
  • Resources and Tools
    • Home Care
    • Health & Diet
    • Tips for Parents
    • Coping with Loss
    • Private Research
    • Legal Suggestions
    • Mold in the Bible
  • Mold News
    • Current Headlines
    • “Sick Buildings”
    • The Environment
    • Construction Industry
    • Govt. & Politics
    • The Workplace
    • Landlords & Tenants
    • Insurance Companies
    • Schools & Institutions
    • Strange Fungal Tales
    • Personal Mold Stories
    • Additional Articles
  • Agencies & Experts
  • About Mold-Help
    • Mold-Help News
  • Search
  • Menu Menu
  • Twitter
  • Facebook

Mold Claim Against Apartments Hints of Class Action

April 27, 2008/in "Sick Buildings" /by Carolyn Willbanks

Chicago, IL – Claude Taylor, who last year dismissed a suit alleging that owners and managers of Bissell Apartments in Venice injured him with mold, has filed suit alleging that owners and managers of Bissell Apartments injured him with mold.

“This is a re-filed action after a voluntary dismissal,” Scott Morgan of Chicago wrote in an April 10 complaint. Morgan, like Jackson’s previous attorney Lanny Darr of Godfrey, did not state where Jackson lives, what he was doing at Bissell Apartments, or how mold injured him. Morgan simply asserts that Jackson was present and adds a comment that the apartments host non-resident visitors such as guests or contractors.

Jackson seeks damages from property owner BA-2003 Limited Partnership and property manager Independent Management Services. He also seeks damages from former owner Bissel Apartments Limited, which sold the property in 2004, and former manager Westmark Management.

Morgan wrote, “The Bissel Apartments, at the time of the filing of this complaint, and for a considerable period prior thereto, were infested with mold and fungal growth.”

At all times, Morgan wrote, mold was on surfaces and in the air. Jackson presented similar claims in 2005, as Darr’s client in a proposed class action.

Darr sought to certify Jackson and Bissell resident Kesha Manning as representatives of all persons who suffered damage from mold. Under Darr’s plan, Manning would have represented residents and Jackson would have represented everyone else who set foot on the property.

When Jackson dropped out, Darr dropped personal injury claims and sought recovery on behalf of the proposed class for property damage alone.

Last fall, Madison County Circuit Judge Andy Matoesian granted summary judgment against Manning.

Darr moved to vacate the judgment, and Matoesian denied the motion. Darr petitioned for review at the Fifth District appellate court in Mount Vernon, where his petition remains pending.

Morgan’s new complaint does not propose a class action, but it hints at one.

It says Westmark breached its duty of care to Jackson “and all class members.”

Carolyn Willbanks
Author: Carolyn Willbanks

Tags: mold, tenants, mold sickness, mold in apartments, class action, class action suit, mold claim against apartment
Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on Reddit
  • Share by Mail
https://www.mold-help.org/wp-content/uploads/2019/03/moldhelp-654x300.png 0 0 Carolyn Willbanks https://www.mold-help.org/wp-content/uploads/2019/03/moldhelp-654x300.png Carolyn Willbanks2008-04-27 15:42:392019-03-28 17:28:39Mold Claim Against Apartments Hints of Class Action
You might also like
Mold-Help logo Sharon's Story
Renters with MoldImage by F. Muhammad from Pixabay SC Renters with Mold Problems Have Very Few Options
Mold-Help logo Ed Mcmahon's Killer Mold Problem
slime mold growing in a zoo Art Inspired by Slime Mold-Like Robots
Mold-Help logo Bills Proposed to Regulate Businesses Cleaning Mold
Mold-Help logo Judge Rules $6 Million Case

Mold News

  • Current Headlines
  • "Sick Buildings"
  • The Environment
  • Construction Industry
  • Govt. & Politics
  • The Workplace
  • Landlords & Tenants
  • Insurance Companies
  • Schools & Institutions
  • Personal Mold Stories
  • Strange Fungal Tales
  • Additional Articles

Latest Posts

  • Michigan Family Finds Toxic Mold Inside Home
  • California Winter Storms: Water Damage and Mold Exposure Concerns in California
  • Office and Commercial Buildings at Risk for Mold after COVID-19 Closings
  • COVID-19 Symptoms May Include Loss of Taste and Smell
  • New Mold Detox Information on the Horizon
  • COVID-19 Courses of Action
  • Stachybotrys
  • Simple and Easy Ways to Prevent the Coronavirus
  • Your Air Conditioning Unit Helps Eliminate Mold
  • Construction Workers Are Learning to Control Dust and Debris

Search Our Site:

Need Help with Mold?

Are you being affected by mold or other mycotoxins in your environment? Our team and community has over 15 years experience and can provide guidance. You can reach us by submitting your contact or through our Facebook page.

Have a Story to Share?

We're looking for stories and input to expand our database and to add to the personal experiences we've received from the thousands of victims over the last 15. If mold has impacted your life, please take the time to share your story. Your information is confidential and will only be shared with your permission.

Seeking Mold Experts

Are you an expert in the treatment of mold-affected health illnesses, or a provider of services to victims of mycotoxin exposure? Submit your information for listing consideration in our Agencies & Experts resource database.

Additional Resources

  • Contact Us
  • Sitemap
  • Glossary of Terms
  • Survivor Resources
  • General Inquiries
  • Legal Disclaimer

© Copyright - Mold-Help Organization
  • Twitter
  • Facebook
  • Mold Basics
  • Resources and Tools
  • Agencies & Experts
  • Mold News
  • About Mold-Help
Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies.

OKLearn more

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Accept settingsHide notification only