Court Dismisses Delaware Plaintiff's Case for Lack of Expert

WILMINGTON, Del. - Tenants' failure to provide an expert on a landlord's standard of care was sufficient reason to grant the landlord's motion for summary judgment on mold claims, a Delaware Superior Court judge ruled on May 2. Campbell v. DiSabatino, et al., No. 02C-10-081 RRC (Del. Super. Ct.).

Judge Richard R. Cooch said the court agreed with the recent holding in Brandt v. Rokeby Realty Co. (2004 WL 2050519 [Del. Super. ][See HarrisMartin's Columns: Mold, Sept. 2004), "that this issue requires expert testimony or else the jury 'would be merely speculating.'"

In October, 2000, Stephen and Stacy Campbell leased …