Court Rules WallChek Testimony Inadmissible; Finds Nonrepair of Mold Damage May Be Reasonable

MCALLEN, Texas - In a July 24 Order on Proposed Expert Testimony, a federal court ruled that expert testimony based on the use of the WallChekâ„¢ Microbial Sampler without additional testing or visual inspection is methodologically flawed and, therefore, inadmissible. Olga Salinas and Martin Villarreal v. Allstate Texas Lloyd's Company, No. M-02-272 (S.D. Texas, McAllen Div.).

The court also issued a July 23 Memorandum addressing the parties' dispute over the interpretation of the mold exclusion in the plaintiffs' homeowner's insurance policy, ruling that it was not unreasonable for the plaintiffs to refrain from repairing the mold damage at the heart …