Judge Grants Summary Judgment on Mold-Related Tort Claims, Allows ADA Claims to Proceed

SAN ANTONIO - A federal judge has awarded summary judgment to defendants on tort claims filed by a woman who alleged that she suffers from sick building syndrome as a result of her exposure to mold. Burnley v. City of San Antonio, No. SA-02-CA-0489 (W.D. Texas).

Judge Nancy Stein Nowak of the U.S. District Court for the Western District of Texas ruled Jan. 6 that plaintiff Dorothy Burnley's mold-related negligence and wrongful denial of workers' compensation claims are barred by workers' comp statutes, but held that Burnley may proceed with allegations asserted under the Americans With Disabilities Act.

Burnley sued …