Ore. Court Finds Damages of $59,000, But Faults Plaintiffs For Delay

MEDFORD, Ore. - An Oregon trial judge has ruled that homeowners who blamed building contractors for their mold problems proved negligence and damages of $58,726.65, but he reduced the award by 40 percent for a failure to mitigate. Harrison v. Viewcrest Construction Inc., et al., No. 05-3964-L3 (Ore. Cir. Ct., Jackson Cty.).

Jackson County (Ore.) Circuit Court Judge Daniel L. Harris issued a judgment for $35,235.99 on June 13, after hearing evidence in a bench trial on Feb. 26 and April 24.

Jason Harrison and Jennifer Hackwell-Harrison sued Viewcrest Construction and other parties in 2005, alleging that their home's mold …