mgmt 597 course project Essays

1940 Words Mar 29th, 2014 8 Pages
Course Project
MGMT 597 – Business Law
CASE 49.1 NEGLIGANCE: NEW HAVERFORD PARTNERSHIP V. STROOT and WATSON
Parties
Plaintiff 1 is Elizabeth Stroot, a 33 year old graduate student who has suffered from allergies and asthma since childhood. Stroot was a tenant at Haverford apartments.
Plaintiff 2 is Joletta Watson, friend and roommate of Elizabeth Stroot and a tenant of Haverford apartments from 1990 to 1994.
Defendant is New Haverford Partnership, the owner of Haverford apartments.
Facts
In August 1992, Elizabeth Stroot and a roommate, Joletta Watson, moved into an apartment on the third floor of Haverford Place. (Case Law) While living in this apartment with Watson, Stroot immediately discovered mold around the windows and
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During this time, Watson started to experience health problems. These problems included frequent headaches, sinus issues, chest pains, body aches, and fatigue. Watson went to he doctor and obtained medicine, however, she did not feel any better until she was no longer living at Haverford Place, six months later. Watson had developed an allergy to Penicillium and suffered from permanent upper respiratory problems due to her exposure to the mold.
Procedure
The plaintiffs, Stroot and Watson, brought the appeal on three theories of tort liability: 1. Ordinary or common law negligence based on Landlord’s alleged failure to maintain safe and sanitary conditions in the apartments, 2. Negligence based on alleged violations of the New Castle County Code 3, 3. Negligence based on alleged violations of the Landlord Tenant Code. The jury of the trial courts found in favor of the plaintiffs on all three forms of negligence. The plaintiffs also offered testimony from several expert witnesses. The first expert witness is Dr. Yang, a mycologist and microbiologist. After inspecting Haverford Place, he stated that there was excessive and atypical mold growth in the apartment buildings caused by long term leaks. He opined the widespread mold contamination posed a health risk to tenants. The next, Dr. Johnanning, a physician board-certified in environmental and occupational medicine, also inspected and noted similar data from Haverford Place.

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