ATLANTA (January 11, 2008) – Following a 3-1/2 week trial in Jacksonville, Florida, Smith, Gambrell & Russell, LLP (SGR) partners Stephen E. O’Day and David S. Brecher capped a 4-1/2 year legal battle with a favorable jury verdict in a mold contamination case. On November 21, 2007, a jury awarded SGR’s client $1.967 million. With interest and costs, the total recovery by the client will exceed $2 million.
SGR’s client owns a valuable beachfront home in Ponte Vedra Beach, Florida. The jury agreed with SGR’s argument that the plaintiffs’ home was damaged by the defendants’ construction activities, and that the damage caused moisture intrusion and rampant toxic mold growth that forced the plaintiff’s family from their home for more than five years. The jury found in favor of SGR’s client on claims of negligence, strict liability and nuisance.
Also assisting in the case were partner Andrew M. Thompson, associate Jessica Lee Reece, and paralegals Gail Thomas and Donna Smith.
Smith, Gambrell & Russell attorneys have represented clients on environmental issues for more than three decades. SGR has substantial expertise in litigation regarding mold contamination, handling cases from Florida to Michigan. SGR’s Environmental Section, headed by Mr. O’Day, also represents clients in connection with toxic tort litigation, nuisance litigation, environmental enforcement actions, hazardous waste cleanups, landfill issues, and numerous other issues under the full range of environmental statutes, both state and federal.