U.S. Air Force Immune from Suit Over Mold in Family Residence

ALBUQUERQUE, N.M. - The discretionary function exception applies to shield federal authorities from tort claims arising from mold contamination in air force housing, a federal judge concluded in a recent opinion. Garcia v. United States, Nos. CIV 04-0498 RB/LCS and CIV 04-0499 RB/LCS (D. N.M.).

Inez Maria Garcia and Dennis Garcia sued the United States, the U.S. Air Force, the Secretary of the U.S. Air Force and two construction firms, blaming them for the death of Dennis Garcia's father, Marcelino Garcia and mold exposure and injury to their children. The lawsuit filed by the Garcias on behalf of their children …