Mass. Appeals Court Overturns Summary Judgment in Mold Case

BOSTON - A Massachusetts appellate court said a trial judge did not abuse his discretion in allowing a late notice of appeal, but did err in awarding summary judgment to an individual blamed for water intrusion and mold at a neighbor's condominium. Stensrud v. Cambridge Mutual Fire Insurance, et al., No. 08-P-146 (Mass. App. Ct.).

In an unpublished Aug. 3 order, the Massachusetts Appeals Court vacated summary judgment awarded to defendant Timothy Velton, saying that Jessica Stensrud presented sufficient evidence of Velton's liability to preclude summary judgment.

The ruling was by Justices Janis M. Berry, David A. Mills and Gabrielle …