Appeals Court Says Diminution Claim Should Have Gone to Jury

CINCINNATI - An Ohio appellate court has vacated a directed verdict on a couple's claim for lost value due to water and mold problems in their home, but affirmed a trial court decision to preclude jury consideration of mold's harmful effects because plaintiffs failed to provide supporting testimony by a medical expert. Kleinholz v. Goettke, Nos. C-060414 and C-061011 (Ohio Ct. App., 1st Dist.).

In its Sept. 17 opinion, Ohio's 1st District Court of Appeals also affirmed a ruling by the Hamilton County Court of Common Pleas to order a directed verdict on punitive damages after jurors found for the …