Tenn. Homeowners Blame Nearby Construction for Mold Problems

KNOXVILLE, Tenn. - A Tennessee appellate court has ruled that testimony by a homeowner and his expert about flooding and mold problems possibly linked to nearby school construction raised sufficient causation issues to preclude summary judgment for the local school board and its contractors. Hardaway v. Hamilton County, Tennessee Board of Education, et al., No. E2006-01977-COA-R3-CV (Tenn. Ct. App., Knoxville).

In a four-page opinion issued on Nov. 29, the Court of Appeals vacated summary judgment awarded to the Hamilton County Board of Education and other parties, based on testimony by Harold and Sonia Hardaway and their experts that mold …