Ill. Couples Denied Damages for 'Discomfort' and 'Inconvenience'

CHICAGO - Two Illinois couples who sued over mold caused by a malfunctioning air conditioning system have been denied damages for the inconvenience of being displaced but the appellate court that affirmed dismissal declined to adopt a rule precluding such damages in all cases. Mayer v. Chicago Mechanical Services Inc., No 1-09-0239 (Ill. App. Ct.).

The Appellate Court of Illinois affirmed dismissal of claims against Chicago Mechanical and other defendants on March 16, noting that the issue of damages for discomfort was one of first impression.

Steve and Anne Mayer sued Chicago Mechanical, their condominium association, building managers and a …